GOVERNMENT OF MAHARASHTRA

LAW  AND  JUDICIARY  DEPARTMENT

ACT No.  LIX OF 1949.

THE MAHARASHTRA MUNICIPAL
CORPORATIONS ACT.

[As  modified  upto  the  8th  June  2018.]



PRINTED IN INDIA BY THE GOVERNMENT CENTRAL PRESS, CHARNI ROAD,
MUMBAI 400 004 AND PUBLISHED BY THE DIRECTOR, GOVERNMENT
PRINTING, STATIONERY AND PUBLICATIONS, MAHARASHTRA STATE,
MUMBAI 400 004.

2018

[Price : Rs. 458]

1949 : LIX  ]

Maharashtra  Municipal  Corporations  Act

(i)

THE MAHARASHTRA MUNICIPAL  CORPORATIONS ACT.

SECTIONS.

PREAMBLE.
SECTIONS.

CONTENTS

CHAPTER  I.
PRELIMINARY.

1. Short  title,  extent  and  commencement.
2. Definitions.
3. Specification  of  larger  urban  areas  and  constitution  of  Corporations.

3A.

[Deleted].

CHAPTER  II.

CONSTITUTION.
Municipal  Authorities.

4. Municipal  authorities  charged  with  execution  of  the  Act.
5. Constitution  of  Corporation.

5A. Reservation  of  seats.
5B. Person  contesting  election  for  reserved  seat  to  submit  caste  certificate  and  validity

certificate.

6. Duration  of  Corporation.

6A. Term  of  office  of  Councillors.
6B. Election  to  constitute  a  Corporation.
7. Resignation  of  office  by  Councillor.

7-A1.

[Deleted].

Municipal  Election  Roll.

7A. Preparation  of  municipal  election  roll.

7AA.
7AAA.

[Deleted].
[Deleted].

7B. Enrolment  in  municipal  election  roll.

Qualifications  and  disqualifications  of  voters  and  councillors.

8. Persons  qualified  to  vote.

8A. Manner  of  voting.

9. Qualification  for  election  as  councillor.
10. Disqualification  for  being  a  councillor.
11. Disabilities  from  continuing  as  Councillor.
12. Questions  as  to  disqualification  to  be  determined  by  the  Judge.
13. Liability  of  Councillor  to  removal  from  office.

Election  of  Councillors.

14. State  Election  Commission.

14A. Power  of  State  Election  Commissioner  to  issue  directions  to  prevent  impersonation.

15. Casual  vacancies  how  to  be  filled.
16. Election  petitions.
17.
18. Procedure  if  election  fails  or  is  set  aside.

[Deleted].

H 610—1

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Maharashtra Municipal Corporations  Act

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SECTIONS.

19. Mayor  and  Deputy  Mayor.

19-IA. Leader  of  House.
19-IAA. Leader  of  Opposition.

19A. Honoraria,  fees  or  allowances.

Honoraria,  fees  and  allowances.

Standing  Committee.

20. Constitution  of  Standing  Committee.
21. Appointment  of  Chairman  of  Standing  Committee.
22. Member  of  Standing  Committee  absenting  himself  from  meetings  to  vacate  seat.
23. Casual  vacancies  in  Standing  Committee  how  to  be  filled.
24. Standing  Committee  may  delegate  powers  to  Special  Committee  or  Sub-Committee.

The  Transport  Committee.

25. Appointment  of  Transport  Committee.
26. Disqualification  of  members  of  Transport  Committee.
27. Chairman  of  Transport  Committee.
28. Conveyance  charges  for  attendance  at  meetings  of  Transport  Committee.
29. Sub-committees  of  Transport  Committee.

29A. Constitution  of  Wards  Committees.

Wards  Committees.

Special  and  Ad  hoc  Committees.

30. Special  Committees  of  the  Corporation.
31. Appointment  of  Ad  hoc  Committees.

31A. Appointment  by  nomination  on  Committees  to  be  by  proportional  representation.

32. Joint  transactions  with  other  local  authorities.

Joint  Committees.

Provisions  regarding  validity  of  proceedings.
33. Vacancy  in  Corporation,  etc.,  not  to  invalidate  its  proceedings.
34. Proceedings of Corporaiton, etc., not vitiated by disqualification, etc., of members thereof.
35. Proceedings  of  meetings  to  be  good  and  valid  until  contrary  is  proved.

35A. Exercise  of  powers  and  discharge  of  duties  of  any  Committee  by  Corporation.
35B. Removal  of  Chairman  and  Deputy  Chairman  of  Committees.

The  Municipal  Commissioner.

36. Appointment  of  the  Commissioner.
37. Salary  of  Commissioner.
38. Grant  of  leave  of  absence  to  Commissioner  and  leave  allowance.
39. Appointment  and  remuneration  of  acting  Commissioner.

39A. Appointment  of  Additional  Municipal  Commissioners.

40. Appointment  of  Transport  Manager.
41. Leave  of  Transport  Manager.

Transport  Manager.

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Maharashtra  Municipal  Corporations  Act

(iii)

SECTIONS.

42. Commissioner  not  to  be  interested  in  any  contract  with  Corporation.

Disqualifications  of  the  Commissioner.

CHAPTER  III.

PROCEEDINGS OF THE CORPORATION, STANDING COMMITTEE,
TRANSPORT COMMITTEE AND OTHER BODIES.

43. Proceedings  of  the  Corporation,  Standing  Committee,  etc.
44. Right  to  ask  questions.

CHAPTER  IV.

MUNICIPAL OFFICERS AND SERVANTS—THEIR APPOINTMENT
AND CONDITIONS OF SERVICE.

City  Engineer,  Medical  Officer  of  Health,  Municipal  Chief  Auditor,  Municipal  Secretary,  Deputy
Municipal  Commissioner  and  Assistant  Municipal  Commissioner.

45. Appointment  of  City  Engineer,  etc.

45A. Appointment  of  Municipal  Chief  Auditor.
45B. Power  of  State  Government  to  notify  post  to  be  filled  in  by  deputation.

46. Powers  and  duties  of  City  Engineer  and  Medical  Officer  of  Health.
47. Powers  and  duties  of  Municipal  Chief  Auditor.
48. Powers  and  duties  of  Municipal  Secretary.
49. Powers  and  duties  of  Deputy  or  Assistant  Municipal  Commissioner.
50. Conditions  of  service  of  statutory  officers  of  Corporation.

Other  Officers  and  Servants.

51. Number,  designations,  grades,  etc.,  of  other  municipal  officers  and  servants.
52. Restriction  on  employment  of  permanent  officers  and  servants.
53. Power  of  appointment  in  whom  to  vest.
54. Manner  of  making  appointment.
55. Saving  in  respect  of  officers  and  servants  appointed  under  Chapter  XX.

56.

Imposition  of  penalties  on  municipal  officers  and  servants.

Imposition  of  penalties.

Leave  of  absence,  acting  appointments,  etc.

57. Leave  of  absence.
58. Acting  appointments.

Disqualification  of  municipal  officers  and  servants.

59. Disqualification  of  municipal  officers  and  servants.

59A. Sanction  for  prosecution  of  officers  and  servants  of  Corporation.

60. Occupation  of  and  liability  to  vacate  premises  provided  by  Corporation  for  municipal

officers  and  servants.

CHAPTER  IV-A.

DISCLOSURE OF SPECIFIED INFORMATION.

60A. Disclosure  of  specified  information.

H 610—1a

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Maharashtra Municipal Corporations  Act

  [1949 : LIX

SECTIONS.

CHAPTER  V.

ESSENTIAL SERVICES.

61. Members  of  essential  services  not  to  resign,  etc.,  without  permission.
62. Power  of  State  Government  to  declare  emergency.

CHAPTER  VI.

DUTIES AND POWERS OF THE MUNICIPAL AUTHORITIES AND OFFICERS.
Obligatory  and  Discretionary  Duties  of  the  Corporation.

63. Matters  to  be  provided  for  by  the  Corporation.
64. Corporation  to  provide  for  anti-rabic  treatment.
65. Corporation  to  provide  for  maintenance  of  lunatics  and  lepers.
66. Matters  which  may  be  provided  for  by  Corporation  and  its  discretion.

66A. Performance  of  functions  by  agencies.

Respective  functions  of  the  several  Municipal  Authorities.

67. Functions  of  the  several  municipal  authorities.

67A. Environment  Status  Report.

68. Commissioner  to  exercise  powers  and  perform  duties  of  Corporation  under  other  laws.
69. Municipal officers may be empowered to exercise certain powers, etc., of the Commissioner

or  the  Transport  Manager.

70. Corporation  may  call  for  extracts  from  proceedings,  etc.,  from  the  Standing  Committee,

etc.

71. Corporation  may  require  Commissioner  to  produce  documents  and  furnish  returns,

reports,  etc.

72. Exercise of powers to be subject to sanction by Corporation of the necessary expenditure.

Prevention  of  delay  in  discharge  of  official  duties.

72A. Citizens’  Charter.
72B. Delegation  of  powers.
72C.
72D. Non-application  of  provisions  of  72C  in  certain  circumstances.

  Disciplinary  action.

CHAPTER  VII.
CONTRACTS.

73. Power  to  Commissioner  to  execute  contracts  on  behalf  of  Corporation.
74. Mode  of  executing  contracts.
75. Contracts  relating  to  Transport  Undertaking.

CHAPTER  VIII.

MUNICIPAL PROPERTY.

Acquisition  of  Property.
76. Power  of  Corporation  as  to  acquisition  of  property.
77. Acquisition  of  immovable  property.
78. Procedure  when  immovable  property  cannot  be  acquired  by  agreement.

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Maharashtra  Municipal  Corporations  Act

(v)

SECTIONS.

Disposal  of  Property.

79. Provisions  governing  the  disposal  of  municipal  property.
80. Decision  of  claims  to  property  by  or  against  the  Corporation.
81. Power  of  Corporation  to  enforce  covenants  against  owner  for  the  time  being  of  land.

CHAPTER  VIII-A.
POWER TO EVICT PERSONS FROM CORPORATION PREMISES.

81A. Definitions.
81B. Power  to  evict  persons  from  Corporation  premises.
81C. Power  to  recover  rent  or  damages  as  arrears  of  property  tax.
81D. Rent to be recovered by deduction from salary or wages in case of Corporation employees.
81E. Commissioner  to  have  powers  of  Civil  Court.
81F. Appeals.
81G. Finality  of  orders.
81H. Bar  of  jurisdiction.
81I. Power  to  make  regulations.
81J. Penalty  for  obstructing  lawful  exercise  of  power  under  this  Chapter.

CHAPTER  IX.

THE MUNICIPAL FUND AND OTHER FUNDS.
The  Municipal  Fund.

82. Constitution  of  Municipal  Fund.

82A. Annual  grant  by  State  Government  from  proceeds  of  land  revenue,  non-agricultural

assessment  and  entertainments  duty.

83. Commissioner to receive payments on account of Municipal Fund and to lodge them in a

bank.

84. How the Fund shall be drawn against.
85. Deposit of portion of Municipal Fund may be made with bank or agency out of City when

convenient.

86. Restrictions  on  expenditure  from  Municipal  Fund.
87. Procedure  when  money  not  covered  by  budget-grant  is  expended  under  clause  (e),  (f),  (g)

or (h) of sub-section (2) of section 86.

88. Purpose  for  which  Municipal  Fund  is  to  be  applied.
89. Municipal  Fund  where  to  be  expended.
90. Temporary payments from Municipal Fund for works urgently required for public services.

Special  Funds.

91. Constitution  of  Special  Funds.

91A. Establishment  of  Consolidated  Water  Supply  and  Sewerage  Disposal  Loan  Fund.
91B. Establishment  of  Water  and  Sewage  Fund.

92.

Investment  of  surplus  moneys.

Disposal  of  Balances.

Accounts.

93. Accounts  to  be  kept  in  forms  prescribed  by  Standing  Committee.
94. Preparation  of  annual  administration  report  and  statement  of  accounts.

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Maharashtra Municipal Corporations  Act

  [1949 : LIX

SECTIONS.

Annual  Budget  Estimates.

95. Estimates  of  income  and  expenditure  to  be  prepared  anually  by  Commissioner.

95A. Report  on  services  provided  in  a  subsidised  manner.

96. Budget  estimates  to  be  prepared  by  Standing  Committee.
97. Estimates  of  expenditure  and  income  of  the  Transport  Undertaking  to  be  prepared

annually  by  Transport  Manager.

98. Budget  Estimate  “B”  to  be  prepared  by  Transport  Committee.
99. Fixing of rates of taxes.

[Deleted].
[Deleted].
[Deleted].
[Deleted].

99A.
99B.
99C.
99D.
100. Final  adoption  of  budget  estimates.

100A. Estimates  of  income  and  expenditure  deemed  to  be  budget  estimates.

101. Corporation  may  increase  amount  of  budget  grants  and  make  additional  grants.
102. Provisions  as  to  unexpended  budget  grants.
103. Reductions  or  transfers.
104. Readjustment of income and expenditure to be made by the Corporation during course of

official  year  whenever  necessary.

Scrutiny  and  Audit  of  Accounts.

105. Weekly  scrutiny  of  accounts  by  Municipal  Chief  Auditor  and  scrutiny  of  accounts  by  the

Standing  Committee.

106. Report  by  the  Chief  Auditor.
107. Application of sections 105 and 106 to accounts of Transport Fund.

107A. Power  of  State  Government  to  require  audit  by  Director,  Local  Fund  Accounts  Audit.

108. A  special  audit  may  be  directed  by  State  Government.

CHAPTER  X.
BORROWING POWERS.

109. Powers  of  Corporation  to  borrow  money.

109A. Restrictions  on  utilisation  of  Funds  created  by  Corporation.

Investment  of  sinking  fund.
Investment  of  sinking  fund  and  surplus  moneys  in  debentures  issued  by  Corporation.

110. Power  of  Corporation  to  borrow  from  banks  against  public  securities.
111. When and how loan shall be repaid.
112. Maintenance  and  application  of  sinking  fund.
113.
114.
115. Annual  examination  of  sinking  funds.
116. Provisions  for  loans  raised  before  the  appointed  day.
117. Attachment  of  Municipal  Fund  or  Transport  Fund  in  default  of  repayment  of  loan.
118. Form  of  debentures.
119. Coupons  attached  to  debentures  to  bear  signature  of  Chairman  of  Standing  Committee

and  Commissioner.

120. Debentures  issued  to  two  or  more  persons  jointly.
121.

Issue  of  duplicate  securities.

1949 : LIX  ]

Maharashtra  Municipal  Corporations  Act

(vii)

SECTIONS.

122. Renewal  of  debentures.
123. Liability  in  respect  of  debenture  renewed.

124. Discharge  in  certain  cases.
125.
126. Annual  statement  to  be  prepared  by  Commissioner.

Indemnity.

CHAPTER XI.
MUNICIPAL TAXATION.

127. Taxes  to  be  imposed  under  this  Act.
128. Manner  of  recovering  municipal  taxes.

PROPERTY TAXES.
Property  taxes  leviable  on  rateable  or  capital  value.

128A. Property  taxes  what  to  consist.

129. Property taxes leviable on rateable value, or on capital value, as the case may be, and at

what  rate.

129-lA. Levy  of  property  tax  at  reduced  rates  in  respect  of  buildings  and  lands  of  Special

Development  Projects.

129-2A. Transitory  provisions  in  respect  of  property  taxes  on  capital  value.
129A. Temporary  provision  for  levying  general  tax  at  reduced  rate  in  area  of

Zilla Parishad included in a larger urban area.

130. Water  tax  on  what  premises  levied.

131. Conservancy  tax  or  sewerage  tax  on  what  premises  to  be  levied.
132. General  tax  on  what  premises  to  be  levied.
133. Payments to be made to Corporation in lieu of general tax by State Government.

133A. Power to remit property taxes in case of buildings occupied by persons affected by natural

calamities,  etc.

Special  provisions  relating  to  water  and  conservancy  taxes.

134. Fixed  charges  and  agreements  for  payments  in  lieu  of  taxes  for  water  supplied.
135. Government  to  be  charged  for  water  by  measurement.

136. Supply of water at public drinking fountains, etc., not to be taxed.
137. Conservancy tax or sewerage tax and sewerage benefit tax may be fixed at special

rates  in  certain  cases.

138. Water  tax,  water  benefit  tax,  conservancy  tax,  or  sewerage  tax,  or  sewerage  benefit  tax
paid  by  any  person  may  be  recovered  by  him  from  the  occupier  of  the  premises  for
which it is paid.

139. Primary  responsibility  for  property  taxes  on  whom  to  rest.
140. When  occupiers  may  be  held  liable  for  payment  of  property  taxes.

Liability  for  Property  Taxes.

140A. Rebate  in  property  tax  for  advance  payment.
140B. Rebate  or  remission  in  property  tax  for  implementing  ecologically  beneficial  scheme.

141. Property taxes to be a first charge on premises on which they are assessed.

(viii)

Maharashtra Municipal Corporations  Act

  [1949 : LIX

SECTIONS.

Tax  on  Vehicles,  Boats  and  Animals.

142. Tax on vehicles, boats and animals.
143. Exemptions  from  the  tax.
144. Livery-stable  keepers  and  others  may  be  compounded  with.
145. Power  to  inspect  stables  and  summon  persons  liable  to  the  tax.

[Deleted].

146.
147. Articles  imported  for  immediate  exportation.

148. Exemptions  from  theatre  tax.

Exemptions  from  Theatre  Tax.

148A. Levy  of  education  cess.
148B. Payment  to  be  made  to  Corporation  in  lieu  of  education  cess  by  State  Government.

Education  Cess.

148C. Levy  of  street  tax.

Street  Tax.

Other  taxes.

149. Procedure  to  be  followed  in  levying  other  taxes.

149A. Additional  Stamp  duty  on  certain  transfers  of  immovable  properties  in  municipal  areas.

149B. Additional Stamp duty on certain transfers of immovable properties in City having notified

projects.

Supplementary  Taxation.

150. Any tax imposable under this Act may be increased or newly imposed by way of imposing

supplementary  taxation.

150A. Power  to  assess  in  case  of  escape  from  assessment.

151. Refunds  of  taxes  how  obtainable.

Refunds.

152. Writing  off  of  irrecoverable  taxes.

152-1A Power  of  Corporation  to  grant  rebate  for  payment  of  arrears  of  tax.

Writing  off  of  taxes.

PROVISIONS RELATING TO LEVY, COLLECTION AND RECOVERY OF CESS IN LIEU OF OCTROI.

CHAPTER  XIA.

152A.
152B.
152C.
152D.
152E.
152F.
152G.
152I.

[Deleted].
[Deleted].
[Deleted].
[Deleted].
[Deleted].
[Deleted].
[Deleted].
[Deleted].

1949 : LIX  ]

Maharashtra  Municipal  Corporations  Act

(ix)

SECTIONS.

152J.
152K.
152M.
152N.
152O.

[Deleted].
[Deleted].
[Deleted].
[Deleted].
[Deleted].

152P.
152Q.
152R.
152S.
152T.

[Deleted].
[Deleted].
[Deleted].
[Deleted].
[Deleted].

CHAPTER XIB.
PROVISIONS RELATING TO LOCAL BODY TAX.

CHAPTER XII.
DRAINS AND DRAINAGE.
Municipal  Drains.

153. Drains  to  be  constructed  and  kept  in  repair  by  the  Commissioner.
154. Adoption  by  Corporation  of  drains  and  drainage  or  sewage  disposal  works.
155. Powers  for  making  drains.
156. Alteration  and  discontinuance  of  drains.
157. Cleansing  drains.

Drains  of  Private  Streets  and  Drainage  of  Premises.

158. Power  to  connect  drains  of  private  street  with  municipal  drain.
159. Right of owners and occupiers of buildings and lands to drain into municipal drain.
160. Powers  of  Commissioner  to  require  drain  or  proposed  drain  to  be  so  constructed  as  to

form  part  of  general  system.

161. Connections with municipal drains not to be made except in conformity with section 158

or 159.

162. Right of owners and occupiers of premises to carry drain through land belonging to other

persons.

163. Owner of land to allow others to carry drains through the land.
164. Commissioner  may  enforce  drainage  of  undrained  premises  situate  within  hundred  feet

of  municipal  drain.

165. Commissioner  may  enforce  drainage  of  undrained  premises  not  situate  within  hundred

feet  of  municipal  drain.

166. Special  provisions  relating  to  trade  effluent.
167. Power  of  Commissioner  to  drain  premises  in  combination.
168. Commissioner  may  close  or  limit  the  use  of  existing  private  drains.
169. Vesting  and  maintenance  of  drains  for  sole  use  of  properties.
170. Right  of  Corporation  to  drains,  etc.,  constructed,  etc.,  at  charge  of  Municipal  Fund  on

premises  not  belonging  to  Corporation.

171. New  building  not  to  be  erected  without  drains.

172. Obligation  of  owners  of  drains  to  allow  use  or  joint  ownership  to  others.

H 610—2

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Maharashtra Municipal Corporations  Act

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SECTIONS.

173. How right of use or joint ownership of a drain may be obtained by a person other than the

owner.

174. Sewage and rain water drains to be distinct.
175. Affixing  of  pipes  for  ventilation  of  drains,  etc.

176. Appointment  of  places  for  emptying  of  drains  and  disposal  of  sewage.
177. Provision  of  means  for  disposal  of  sewage.

Disposal  of  Sewage.

Water-closets,  Privies,  Urinals,  etc.

178. Construction  of  water-closets  and  privies.
179. Water-closets  and  other  accommodation  in  buildings  newly  erected  or  re-erected.
180. Public  necessaries.

Inspection.
181. Drains,  etc.,  not  belonging  to  Corporation  to  be  subject  to  inspection  and  examination.
182. Power  to  open  ground,  etc.,  for  purposes  of  inspection  and  examination.
183. Expenses  of  inspection  and  examination.
184. Commissioner  may  require  repairs,  etc.,  to  be  made.
185. Cost  of  inspection  and  execution  of  works  in  certain  cases.

185A. Responsibility  of  owner  or  occupier  to  keep  and  maintain  exterior  of  building  in  good

condition.

185B. Power  of  Commissioner  to  make  declaration  of  aesthetic  harmony.

General  Provisions.

186. Prohibition of acts contravening the provisions of the Act, rules or by-laws or done without

sanction.

187. Water  closets  etc.,  not  to  be  injured  or  improperly  fouled.
188. Commissioner  may  execute  certain  works  under  this  Act  without  allowing  option

to  persons  concerned  of  executing  the  same.

CHAPTER XIII.

WATER SUPPLY.
Construction  and  maintenance  of  municipal  water  works.

Inspection  of  municipal  waterworks  by  persons  appointed  by  State  Governement.

189. Water  supply.
190.
191. Power  of  access  to  municipal  water  works.
192. Power  of  carrying  water-mains,  etc.
193. Fire-hydrants  to  be  provided.
194. Prohibition  of  certain  acts  affecting  the  municipal  water  works.

194A. Obligation  of  Corporation  to  partake  common  facility.

195. Buildings,  etc.,  not  to  be  erected  over  municipal  water-main  without  permission.

196. Vesting  of  public  drinking  fountains,  etc.,  in  the  Corporation.
197. Public  drinking  fountains,  etc.,  may  be  set  apart  for  particular  purposes.

Public  Gratuitous  Water-Supply.

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Maharashtra  Municipal  Corporations  Act

(xi)

SECTIONS.

Private  Water  Supply.

198. Conditions  as  to  use  of  water  not  to  be  contravened.
199. Water  pipes,  etc.,  not  to  be  placed  where  water  will  be  polluted.
200. Prohibition  of  fraudulent  and  unauthorised  use  of  water.

201. Power  to  supply  water  without  the  City.

General.

CHAPTER  XIV.

STREETS.
Construction,  Maintenance  and  Improvement  of  Streets.

202. Vesting  of  public  streets  in  Corporation.
203. Power  of  Commissioner  in  respect  of  public  streets.
204. Disposal  of  land  forming  site  of  closed  streets.
205. Power  to  make  new  public  streets.
206. Minimum  width  of  new  public  streets.
207. Power  to  adopt,  construct  or  alter  any  sub-way,  bridge,  etc.
208. Power  to  prohibit  use  of  public  streets  for  certain  kinds  of  traffic.
209. Power  to  acquire  premises  for  improvement  of  public  streets.
210. Power  to  prescribe  street  lines.
211. Setting  back  buildings  to  the  regular  line  of  the  street.
212. Additional  power  of  Commissioner  to  order  setting  back  of  buildings  to  regular  line

of  street.

213. Acquisition  of  open  land  or  of  land  occupied  by  platforms,  etc.,  within  regular  line

of  street.

214. Acquisition  of  the  remaining  part  of  building  and  land  after  their  portions  within

a  regular  line  of  the  street  are  acquired.
215. Setting  forward  of  buildings  to  the  line  of  the  street.
216. Compensation  to  be  paid  and  betterment  charges  to  be  levied.

Provisions  regarding  Private  Streets.

217. Notice  to  be  given  to  Commissioner  of  intention  to  lay  out  lands  for  building  and  for

private  streets.

218. Commissioner  may  call  for  further  particulars.
219. Commissioner  may  require  plans  to  be  prepared  by  licensed  surveyor.
220. Laying  out  of  land,  dimensions  and  areas  of  each  building  plot  laying  out  of
private streets and buildings and heights of buildings to be determined by Commissioner.
221. Land  not  to  be  appropriated  for  building  and  private  street  not  to  be  laid  out  until
expiration  of  notice  nor  otherwise  than  in  accordance  with  Commissioner’s  directions.
222. Renewal of notice of intention to carry out works not executed in pursurance of approval

given  under  section  220.

223. Levelling  and  draining  of  private  streets  and  means  of  access.
224. Power  to  declare  private  streets  when  sewered,  etc.,  public  streets.
225. Applicability of sections 223 and 224 when a street is in part public and in part private.

H 610—2a

(xii)

Maharashtra Municipal Corporations  Act

  [1949 : LIX

SECTIONS.

Projections  and  Obstructions.

226. Prohibition  of  projections  upon  streets,  etc.
227. Projections  over  streets  may  be  permitted  in  certain  cases.
228. Ground  floor  doors,  etc.,  not  to  open  outwards  on  streets.
229. Prohibition  of  structures  or  fixtures  which  cause  obstruction  in  streets.
230. Prohibition  of  deposit,  etc.,  of  things  in  streets.
231. Commissioner  may,  without  notice  remove  anything  erected,  deposited  or  hawked

or  exposed  for  sale  in  contravention  of  Act.

232. Power  to  require  removal  of  any  structure  or  fixture  erected  or  set-up  before  the

appointed  day.

233. Prohibition  of  tethering  of  animals  in  public  streets.

Temporary  Erections  on  Streets  during  Festivals.

234. Commissioner  may  permit  booths,  etc.,  to  be  erected  on  streets  on  festivals.

Provisions  concerning  Execution  of  Works  in  or  near  to  Streets.

235. Street  when  broken  up  for  any  municipal  purposes  to  be  restored  without  delay.
236. Commissioner  may  close  street  in  which  work  is  in  progress.
237. Commissioner  to  provide  for  traffic,  etc.,  pending  execution  of  municipal  work  in

any  street.

238. Precautions  to  be  taken  for  public  safety  whilst  municipal  works  are  in  progress  in  any

street.

239. Streets  not  to  be  opened  or  broken  up  and  building  materials  not  to  be  deposited

thereon  without  permission.

240. Precautions for public safety to be taken by persons to whom permission is granted under

section  239.

241. Persons  to  whom  permission  is  granted  under  section  239  must  reinstate  streets,  etc.
242. Provisions  to  be  made  by  persons  granted  permission  under  section  239  for  traffic,  etc.
243. Buildings  at  corners  of  streets.

243A Provision  for  parking  or  halting  places  or  lots  and  fees  or  charges  therefor.

Provision  for  parking  or  halting  places  or  lots.

Sky-signs  and  Advertisements.

244. Regulations  as  to  sky-signs.
245. Regulation  and  control  of  advertisements.

Dangerous  places  and  places  where  some  work  affecting
human  safety  or  convenience  is  carried  on.

246. Hoards to be set-up during work on any building adjacent to street.
247. Commissioner  to  take  proceedings  for  repairing  or  enclosing  dangerous  places  or
places  where  some  work  affecting  safety  or  convenience  is  carried  on.

248. Protective  measures  during  demolition  work.

Lighting  of  Streets.

249. Public  streets  to  be  lighted.

1949 : LIX  ]

Maharashtra  Municipal  Corporations  Act

(xiii)

SECTIONS.

250. Measures  for  watering  streets.

Watering  of  Streets.

Miscellaneous.

251. Prohibition  of  removal,  etc.,  of  lamps  or  any  other  municipal  property  on  streets.
252. Persons  accidentally  breaking  lamps,  etc.,  to  repair  the  damage.

CHAPTER  XV.

BUILDING REGULATIONS.
Notice  regarding  Erection,  etc.,  of  Buildings.

253. Notice  to  be  given  to  Commissioner  of  intention  to  erect  building.
254. Notice  to  be  given  to  Commissioner  of  intention  to  make  additions,  etc.,  to  building.
255. Plans,  etc.,  submitted  to  be  rejected  if  not  drawn  etc.,  in  prescribed  manner.
256. Effect  of  non-compliance  with  requisition  made  by  Commissioner.

Commencement  of  work.

257. Supervision  of  buildings  and  works.
258. Power to Commissioner to cancel permission on the ground of material misrepresentation

by  applicant.

Inspection  of  buildings  in  course  of  erection,  alteration,  etc.

259.
260. Proceedings  to  be  taken  in  respect  of  building  or  work  commenced  contrary  to  rules  or

by-laws.

261. Buildings or works commenced contrary to Act may be cut into and laid open for purpose

of  inspection.

262. Enforcement  of  provisions  concerning  buildings  and  works.
263. Completion  certificates,  permission  to  occupy  or  use.

Lawfully  erected  structures  infringing  rules  or  by-laws.

263A Power to require demolition or alteration of lawfully constructed huts or sheds infringing

rules  or  by-laws.

264. Removal of structures, etc., which are in ruins or likely to fall.
265. Periodic  inspection  of  buildings.

Dangerous  Structures.

265A. Structural  stability  certificate.

266. Dangerous  openings  in  buildings.

Works  unlawfully  carried  on.

267. Powers  of  Designated  Officer  to  direct  removal  of  person  directing  unlawful  work.

267A. Levy  of  penalty  on  unlawful  building.

Power  to  vacate  premises.

268. Power  of  Commissioner  to  vacate  any  building  in  certain  circumstances.
Regulation  of  certain  classes  of  buildings  in  particular  localities.
269. Power  to  regulate  future  construction  of  certain  classes  of  buildings  in  particular  streets

or  localities.

CHAPTER  XVI.
 IMPROVEMENT SCHEMES.
270. Commissioner  to  make  draft  improvement  scheme.
271. Particulars  to  be  provided  for  in  an  improvement  scheme.

(xiv)

Maharashtra Municipal Corporations  Act

  [1949 : LIX

SECTIONS.

272. Procedure  on  completion  of  scheme.
273. Right  of  owner  to  demand  acquisition  on  issue  of  notification  when  building  operations

are  in  progress.

274. Right  of  owner  to  demand  acquisition  or  withdrawal  by  Corporation  after  lapse  of  two

years  from  date  of  notification.

275. Standing  Committee  after  publication  and  service  of  notices  to  forward  scheme  to

Corporation  for  approval.

276. Corporation  to  consider  improvement  scheme  and  to  approve  or  disapprove.
277. Commissioner  to  apply  to  State  Government  for  sanction  to  the  scheme.
278. On receipt of sanction declaration to be published giving particulars of land to be acquired
and on publication of such declaration Commisiner to be authorised to execute scheme.
If  Corporation  fail  to  acquire  the  land,  owner  may  call  upon  Corporation  to  acquire  it  or

279.

to  withdraw  from  proposal.

280. Method  of  calculation  of  betterment  charge.
281. Procedure  for  determining  charge.
282. Extent to which Land Acquisition act shall apply to acquisition of land otherwise than by

agreement.

283. Special  provisions  as  to  compensation.
284. Collector  to  take  possession  after  making  an  award  and  transfer  land  to  Corporation.

CHAPTER  XVII.
 MUNICIPAL FIRE-BRIGADE.

285. Maintenance  of  firemen  and  of  necessary  fire  engines,  etc.
286. Powers  of  Chief  Officer  of  Fire-Brigade  at  a  fire.
287. Police  and  municipal  officers  and  servants  to  aid  the  fire-brigade.
288. Damage  done  by  fire-brigade  to  be  deemed  damage  by  fire.
289. Report  of  fire  to  be  submitted.

CHAPTER  XVIII.

 SANITARY PROVISIONS.
Scavenging  and  Cleansing.

290. Commissioner  to  provide  for  cleansing  of  streets  and  removal  of  refuse.
291. Refuse,  etc.,  to  be  the  property  of  the  Corporation.
292. Provision  and  appointment  of  receptacles,  depots  and  places  for  refuse,  etc.
293. Provision may be made by Commissioner for collection etc., of excrementitious and polluted

matter.

294. Special  sanitary  arrangements  at  certain  places.
295. Savengers’  duties  in  certain  cases  may  not  be  discharged  by  private  individuals  without

Commissioner’s  permission.

Inspection  and  Sanitary  Regulation  of  Premises.

296. Power  to  inspect  premises  for  sanitary  purposes.
297. Cleansing and lime-washing of any building may be required.
298. Buildings or rooms in buildings unfit for human habitation.
299. Power  to  require  repair  of  insanitary  buildings.
300. Power  to  order  demolition  of  insanitary  buildings.

1949 : LIX  ]

Maharashtra  Municipal  Corporations  Act

(xv)

SECTIONS.

301. Procedure  where  demolition  order  made.
302. Building rendered fit not to be deemed unfit for ten years if not conforming to regulations

made  subsequently.

303. Power  to  order  demolition  of  obstructive  buildings.
304. Effect  of  order  for  demolition  of  obstructive  building.
305. Compensation  for  acquiring  obstructive  building  recoverable  in  certain  cases  as

improvement  expenses.
306. Appeal  against  domolition  orders.
307. Overcrowded  dwellings.
308.

Insanitary huts and sheds.

309. Removal  of  carcasses  of  dead  animals.

Disposal  of  carcasses  of  animals.

Regulation of Public Bathing, Washing, etc.

310. Places for public bathing, etc., to be fixed by Commissioner, and regulation of use of such

places.

311. Prohibition  of  bathing,  etc.,  contrary  to  order.
312. Prohibition  of  corruption  of  water  by  steeping  therein  animal  or  other  matter,  etc.

Regulations  of  Factories,  Trades,  etc.

313. Factory,  etc.,  not  to  be  newly  established  without  permission  of  Commissioner.
314. Prohibition  of  corruption  of  water  by  chemicals,  etc.

Prevention  and  checking  spread  of  dangerous  diseases.

315. Power  of  Commissinoer,  Medical  Officer  of  Health,  etc.,  in  case  of  dangerous  diseases.
316. Any  place  may  at  any  time  be  inspected  for  purpose  of  preventing  spread  of  dangerous

disease.

317. Destruction  of  huts  and  sheds  when  necessary.
318. Closure  of  lodging  and  eating  houses.

Special  Sanitary  Measures.

319. Commissioner  may  take  special  measures  on  outbreak  of  any  dangerous  disease.

Disposal  of  the  Dead.

320. Places  for  disposal  of  the  dead  to  be  registered.
321. Provision  of  new  places  for  disposal  of  the  dead.
322. New places for disposal of the dead not to be opened without permission of Commissioner.
323. State  Government  may  direct  closing  of  any  place  for  disposal  of  dead.
324. State Government may sanction re-opening of places which have been closed for disposal

of  dead.

325. Burials  within  places  of  worship  and  exhumations  not  to  be  made  without  permission  of

Commissioner.

326. Acts  prohibited  in  connection  with  disposal  of  dead.

CHAPTER XIX.
MARKETS AND SLAUGHTER HOUSES.

Maintenance  and  Regulation  of  Markets  and  Slaughter-houses.

327. What  to  be  deemed  municipal  markets  and  slaughter-houses.
328. Provisions  of  new  municipal  markets  and  slaughter-houses.

(xvi)

Maharashtra Municipal Corporations  Act

  [1949 : LIX

SECTIONS.

329. Municipal  markets,  slaughter-houses  and  stock-yards  may  be  closed.
330. Prohibition  of  sale  of  commodities  sold  in  municipal  markets.
331. Opening  of  private  markets  and  of  private  slaughter-houses.
332. Levy of stallages, rents and fees in municipal markets, slaughter-houses and stock-yards.
333. Removal  of  live  cattle,  sheep,  goats  or  swine  from  any  municipal  slaghter-house,  stock-

yard,  market  or  premises.

334. Power  to  expel  persons  contravening  rules,  by-laws  or  standing  orders.
335. Prohibition  of  import  of  cattle,  etc.,  into  City  without  permission.

Inspection  of  Places  of  Sales,  etc.

336. Commissioner may enter any place where slaughter of animals or sale of flesh contrary to

the  provisions  of  this  Act  is  suspected.

337. Commissioner  to  provide  for  inspection  of  articles  exposed  for  sale  for  human  food.
338. Unwholesome  articles,  etc.,  to  be  seized.
339. Disposal  of  perishable  articles  seized  under  section  338.
340. Saving of Bombay Animal Preservation Act, 1948.

CHAPTER XX.
THE TRANSPORT UNDERTAKING.

The  Operation  of  the  Undertaking  and  the  Construction  and  Maintenance  of  Works.

341. Provisions  of  this  Chapter  when  applicable.
342. Management  of  Undertaking  by  Transport  Manager.

343. Levy  of  fares  and  charges  for  transport  services.

Fares  and  Charges.

Acquisition  and  Disposal  of  Property.

344. Acquisition  of  immovable  property.
345. Provisions  governing  disposal  of  municipal  property.

Officers  and  Servants.

346. Statement of permanent officers and servants to be prepared by Transport Manager and

sanctioned  by  Transport  Committee.

347. Restriction  on  appointment  of  permanent  officers  and  servants.
348. Creation  of  temporary  posts.
349. Power  of  appointment  in  whom  to  vest.
350. Leave  of  absence.

REVENUE AND EXPENDITURE.

The  Transport  Fund.

351. Constitution  of  Transport  Fund.
352. Transport Manager to receive payments on account of Transport Fund and to lodge them

in bank.

353. How Transport Fund shall be drawn against.
354. Deposit of portion of Transport Fund may be made with bank or agency out of City when

convenient.

355. Only  sums  covered  by  budget  grant  to  be  expended  from  Transport  Fund.

1949 : LIX  ]

Maharashtra  Municipal  Corporations  Act

(xvii)

SECTIONS.

356. Procedure  when  money  not  covered  by  budget  grant  is  expended  under  clause  (c),  (d)  or

(e) of sub-section (2) of section 355.

357. Purposes  for  which  Transport  Fund  is  to  be  applied.
358.

Investment  of  surplus  moneys.

Payments  out  of  Surplus  Balance.

359. Fixed  annual  payment  to  Municipal  Fund.
360. Disposal  of  surplus  balance  of  revenue.

Accounts.

361. Accounts  of  the  Transport  Undertaking.
362. Preparation  of  annual  administration  report  and  statement  of  accounts.

CHAPTER XXI.

VITAL STATISTICS.
Registration  of  Births  and  Deaths.

363. Appointment  of  Registrars.
364. Register  books  to  be  maintained.
365. Registrars  to  inform  themselves  of  all  births  and  deaths.
Information of births to be given within seven days.
366.
Information  respecting  finding  of  new-born  child  to  be  given.
367.
368.
Information of death to be given.
369. Medical  practitioner  who  attended  a  deceased  person  to  certify  cause  of  his  death.
370. Correction  of  errors  in  registers  of  births  or  deaths.
371. Registration  of  name  of  child  or  of  alteration  of  name.

CHAPTER XXII.

LICENCES AND PERMITS.
I.  Licensing  of  Surveyors,  Architects  or  Engineers,  Structural  Designers,
Clerks  of  Works  and  Plumbers.

372. Grant  of  licences  to  Architects  or  Engineers,  Structural  Designers,  Plumbers  and

Clerks  of  Works.

373. Orders  may  be  prescribed  for  guidance  of  Surveyors,  etc.
374. Fees  and  charges  of  licensed  plumbers  to  be  prescribed  by  Standing  Committee.
375. Licensed  plumber  to  be  bound  to  execute  work  properly.

II.  Trade  licences  and  other  licences  for  keeping  animals  and  certain  articles.
376. Certain  things  not  to  be  kept,  and  certain  trades  and  operations  not  to  be  carried  on,

without  licence.

   376A.   Power to stop use of premises where such use is dangerous or causes nuisance.

377. Prohibition  of  sale  in  Municipal  markets  without  licence  of  Commissioner.

III.  Licences  for  sale  in  Municipal  Markets.

IV.  Licences  for  Private  Markets.

378. Private  Markets  not  to  be  kept  open  without  licence.
379. Prohibition  of  sale  in  unauthorised  private  markets.
380. Slaughter of animals for skins.

H 610—3

(xviii)

Maharashtra Municipal Corporations  Act

  [1949 : LIX

SECTIONS.

V.  Licences  for  sale  of  Articles  of  Food  outside  of  Markets.

381. Prohibition  of  sale  of  animals,  etc.,  except  in  market.

382. Butchers  and  persons  who  sell  flesh  of  animals  to  be  licensed.

VI.  Licensing  of  Butchers,  etc.

383. Licence  required  for  dealing  in  dairy  produce.

VII.  Licences  for  Dairy  Products.

VIII.  Licences  for  Hawking,  etc.

384. Licences  for  sale  in  public  places.
385. Licences  for  use  of  skill  in  handicraft  or  rendering  services  for  purposes  of  gain  in

public  place  or  street.

IX.  General  provisions  regarding  Licences  and  Permits.
386. General  provisions  regarding  grant,  suspension  or  revocation  of  licences  and  written

permissions  and  levy  of  fees,  etc.

CHAPTER XXIII.
POWER OF ENTRY AND INSPECTION.

387. Power  of  entry  and  inspection.
388. Time of making entry.

CHAPTER XXIV.
COMPENSATION.

389. Doing minimum damage in certain cases.
390. Commissioner  to  determine  compensation.
391. Appeal.

CHAPTER XXV.

PENALTIES.

392. Certain  offences  punishable  with  fine.
393. Offences  punishable  under  the  Penal  Code.
394. Punishment  for  offences  of  preparing  false  election  rolls.
395. Punishment  for  acquiring  share  or  interest  in  contract,  etc.,  with  Corporation.
396. Punishment for breach of section 61 or 62.
397. Punishment  for  offences  against  section  194.

397A. Penalty for failure to comply with notice under section 260, 261, 264, 267 or 478.
397B. Compounding  of  certain  offences.

398.

[Deleted].
398-1A. [Deleted].
398A. Penalty  for  contravention  of  section  265A.

399. General  penalty.
400. Extent  of  penal  responsibility  of  agents  and  trustees  of  owners.
401. Offence  by  companies,  etc.
402. Compensation payable by offenders against this Act for damage caused by them.

1949 : LIX  ]

Maharashtra  Municipal  Corporations  Act

(xix)

SECTIONS.

CHAPTER XXVI.

PROCEEDINGS BEFORE JUDGE, DISTRICT JUDGE AND MAGISTRATES.

I.  Election  Inquiries.

403. Procedure  in  election  inquiries.
404. Disqualification  for  election  as  councillor  for  certain  election  offences.

II. References to the Judge.

405. References  to  the  Judge.

III.  Appeals  against  Valuations  and  Taxes.

[Deleted]

406. Appeals when and to whom to lie.
407. Cause  of  complaint  when  to  be  deemed  to  have  accrued.
408. Arbitration.
409.
410. Reference  to  District  Court.
411. Appeals  to  the  District  Court.
412. Costs  of  proceedings  in  appeal.
413. Unappealed  values  and  taxes  and  decisions  on  appeal  to  be  final.

413A. Assessment  subject  to  valuation  or  revision  by  Municipal  Property  Tax  Board.

IV. Appeals to the Judge and the District Court.

414. Appeals  to  the  Judge.
415. Appeals  against  demolition  orders.
416. Appeals against decision of the Judge regarding payment of expenses for works executed.

416A. Fees  in  appeals  before  District  Court.

417. Remedy  of  owner  of  building  or  land  against  occupier  who  prevents  his  complying  with

V.  Proceedings  before  Judge.

any  provisions  of  this  Act.

418. Power  to  summon  witnesses  and  compel  production  of  documents.
419. Fees  in  proceeding  before  the  Judge.
420. Exemption  of  poor  persons  from  fees.
421. Repayment  of  half  fees  on  settlement  before  hearing.

VI.  Appointment  of  Magistrates.

422. Appointment  of  Magistrate  of  the  First  Class.

VII.  References  to  Magistrates.

423. References  to  Magistrates.
424. Disposal  of  animals  and  articles  of  non-perishable  nature  seized  under  section  338.
425. Penalty  for  possessing  food  which  appears  to  be  diseased,  unsound  or  unwholesome

or unfit for human food.

426. Application  for  summons  to  be  refused  if  not  applied  for  within  a  reasonable  time.

VIII.  Proceedings  before  Magistrates  and  the  Sessions  Court

427. Cognizance  of  offences.
428. Limitation  of  time  within  which  complaints  of  offences  punishable  under  this  Act

shall  be  entertained.

429. Power  of  Magistrate  to  hear  cases  in  absence  of  accused.
430. Report  of  Chemical  Analyser  to  Government.

H 610—3a

(xx)

Maharashtra Municipal Corporations  Act

  [1949 : LIX

SECTIONS.

431. Complaint  concerning  nuisances.
432. Appeal  to  the  Sessions  Court  from  order  passed  under  section  431.

433. Offenders  against  this  Act  may  in  certain  cases  be  arrested  by  police  officers.

IX.  Arrest  of  offenders.

433A. Bar  of  jurisdistion.

X.  Miscellaneous.

434. Code  of  Civil  Procedure  to  apply.
435. Limitation.
436. Execution  of  orders  of  the  Judge  and  District  Judge.
437. Criminal  Procedure  Code  to  apply  to  all  inquiries  and  proceedings  before  Magistrates.

CHAPTER XXVII.
RECOVERY OF MUNICIPAL DUES OTHER THAN TAXES.

438. Recovery  of  expenses  of  removals  by  Commissioner  under  certain  sections.
439. Expenses recoverable under the Act to be payable on demand, and if not paid on

demand  may  be  recovered  as  arrear  of  property  tax.

440.

If  defaulter  is  owner  of  premises  in  respect  of  which  expenses  are  payable,  occupier

to  be  also  liable  for  payment  thereof.

441. Commissioner  may  agree  to  receive  payment  of  expenses  in  instalments.
442. Certain  expenses  may  be  declared  to  be  improvement  expenses.
443. Proportion  of  improvement  expenses  may  be  deducted  from  rent.
444. Redemption  of  charge  for  improvement  expenses.
445. Recovery  of  instalments  due  under  sections  441  and  442.
446.

In default of owner the occupier of any premises may execute required work and recover

expenses  from  the  owner.

447. Persons  liable  for  expenses  or  compensation  may  be  sued  for  recovery  thereof.

CHAPTER XXVIII.
CONTROL.

448. Power  of  State  Government  to  require  performance  of  duties  in  default  of  any  municipal

authority.

449. Expenses  of  measures  enforced  under  section  448  how  to  be  recovered.
450. Power  to  State  Government  to  call  for  extracts  from  proceedings,  etc.

450A. Power  of  State  Government  to  issue  instructions  or  directions.

451. Power  of  State  Government  to  suspend  or  rescind  any  resolution  or  order,  etc.,  of

Corporation  or  other  authority  in  certain  cases.

452. Power  of  State  Government  to  dissolve  Corporation.

452A. Power  of  State  Government  to  appoint  Government  officer  or  officers  to  exercise  powers

and  perform  functions  and  duties  of  Corporation.

CHAPTER XXIX.
RULES, BY-LAWS, REGULATIONS AND STANDING ORDERS.

453. Rules in Schedule to be part of the Act.
454. Alteration  of  and  additions  to  Schedule.
455. Power  to  make  rules  subject  to  sanction  of  State  Government.

1949 : LIX  ]

Maharashtra  Municipal  Corporations  Act

(xxi)

SECTIONS.

456. Power  of  State  Government  to  make  rules.
456A Special  power  of  State  Government  to  make  rules.
457. Matters in respect of which rules may be made.
458. By-laws  for  what  purpose  to  be  made.
459. Commissioner  to  lay  draft  by-laws  before  the  Corporation  for  its  consideration.
460. Hearing  by  Corporation  of  objections  to  proposed  by-laws.
461. By-laws  to  be  confirmed  by  State  Government.
462. By-laws  confirmed  by  State  Government  to  be  published  in  the  Official  Gazette.
463. Printed  copies  of  by-laws  to  be  kept  on  sale.
464. State  Government  may  modify  or  repeal  by-laws.
465. Regulations.
466. Making  of  standing  orders  by  Commissioner.
467. Posting  of  standing  orders  and  table  of  stallage,  rents,  etc.
468. Penalty  for  breach  of  rules,  by-laws,  regulations  or  standing  orders.

CHAPTER  XXX.
MISCELLANEOUS.
Public  Notices  and  Advertisements.

469. Public  notices  how  to  be  made  known.
470. Advertisements  how  to  be  made.
471. Consent,  etc.,  of  Corporation,  etc.,  may  be  proved  by  written  document.

Service  of  Notices,  etc.

472. Notices,  etc.,  by  whom  to  be  served  or  presented.
473. Service  how  to  be  effected  on  owners  of  premises  and  other  persons.
474. Service  on  owner  or  occupier  of  premises  how  to  be  effected.
475. Sections 472, 473 and 474 inapplicable to Magistrate’s summons.
476. Signature on notices, etc., may be stamped.
477. Power  of  Commissioner  to  call  for  information  as  to  ownership  of  premises.

Unauthorised  works.
478. Work  or  thing  done  without  written  permission  of  the  Designated  Officer  to  be  deemed

unauthorised.

Enforcement  of  orders  to  execute  works,  etc.
479. Works, etc., which any person is required to execute may in certain cases be executed by

Commissioner  at  such  person’s  cost.

480. Supply  of  materials.

481. Provisions  respecting  institution,  etc.,  of  civil  and  criminal

actions  and  obtaining  legal  advice.

Legal  Proceedings.

482. Councillors,  etc.,  to  be  deemed  to  be  public  servants.

482A. Power  of  State  Government  to  accord  previous  sanction.

General.

483. Co-operation  of  Police,  etc.
484. Assistance  for  the  recovery  of  rent  on  land.
485.

Informalities  and  errors  in  assessments,  etc.,  not  to  be  deemed
to  invalidate  such  assessment,  etc.
Indemnity  for  acts  done  in  good  faith.

486.
487. Protection  of  persons  acting  under  this  Act  against  suits.

(xxii)

Maharashtra Municipal Corporations  Act

  [1949 : LIX

SECTIONS.

488. Savings  in  respect  of  certain  provisions  of  Bombay  Land  Revenue

Code,  1879.

489. Limitation  of  liability  of  agent  or  trustee  of  owner.

CHAPTER  XXXI.
REPEALS AND AMENDMENTS.

490. Certain  Acts  to  cease  to  apply  to  City.
491. Amendment  of  certain  enactments.
492. Repeal.
493. Transitory  provisions.

APPENDIX  I

. . Provisions of the Land Acquisiton Act, 1894,
. .

regulating  the  Acquisition  of  Land  for

Improvement  purposes.

. . Table  of  Penalties.

APPENDIX  II
APPENDIX  III . . Enactments  amended.
APPENDIX  IV . . Transitory  provisions.
SCHEDULE  A . .
SCHEDULE  B . .
SCHEDULE  C . .
SCHEDULE  D . .
CHAPTER I
CHAPTER II

[Deleted].
[Deleted].
[Deleted].

. . Election  Rules.
. . Proceedings  of  the  Corporation,  Standing  Committee,  Transport  Committee,

etc.

. . Method  of  Appointment  of  certain  Municipal
Officers  and  Servants  and  their  Duties  and
Powers.

. . Essential  Services.
. . Contracts.
. . Special  Funds.
. . Budgets.
. . Taxation  Rules.
. . Drainage  and  Drainage  Works.
. . Water  Supply.
. . Streets.
. . Buildings  Regulations  and  Building  Loans.
. . Powers  of  Fire-Brigade  Officers.
. . Sanitary  Provisions.
. . Markets  and  Slaughter-Houses.
. . Transport  Undertakings.
. . Vital  Statistics.
. . Articles  for  keeping  which  and  Trades  and  Occupations  for  which  Licences

are  needed.

. . Penalties.

CHAPTER  III

CHAPTER IV
CHAPTER V
CHAPTER VI
CHAPTER VII
CHAPTER VIII
CHAPTER IX
CHAPTER X
CHAPTER XI
CHAPTER XII
CHAPTER XIII
CHAPTER XIV
CHAPTER XV
CHAPTER XVI
CHAPTER XVII
CHAPTER XVIII

CHAPTER XIX
FORMS

1949 :   LIX]

Maharashtra  Municipal  Corporations  Act

1

ACT No. LIX OF 19491

[THE MAHARASHTRA MUNICIPAL CORPORATIONS ACT.]

[The Act received the assent of the Governor General on the 21st December
1949;  assent  first  published  in  the  Bombay  Government  Gazette,  Part  IV  on
the 29th December 1949].

Adapted  and  modified  by  the  Adaptation  of  Laws  Order,  1950.

Amended  by  Bom.42 of 1950.

„
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„
.,
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„

9 of 1951.
„
28 of 1951.
„
39 of 1951.
„
10 of 1953.*
„
18 of 1953.
„
„
57 of 1953.
„       8 of 1954.
19 of 1954.
„
45 of 1954.
„
58 of 1954.
„
34 of 1955.
„
19 of 1956.
„
22 of 1956.
„
24 of 1956.
„

Adapted  and  modified  by  the  Bombay  Adaptation  of  Laws  (State  and

Concurrent  Subjects)  Order,  1956.
Amended by Bom.    5 of 1958.

„
„
„
„

„       65 of 1958.
 80 of 1958.
„
 53 of 1959.
„
 56 of 1959.
„

Adapted and modified by the Maharashtra Adaptation of Laws (State and

Concurrent  Subjects)  Order,  1960.
Amended by Mah.   31 of 1960.

„
„
„
„
„
„
„
„
„
„
„

 48 of 1961.
„
 39 of 1963.
„
„
 34 of 1965.
„       53 of 1965.
   7 of 1966.
„
„
  28 of l966.†
„        26 of 1967‡
„
„
„
„

 35 of 1967.
 32 of 1968.§
3 of 1969.
 33 of 1969.¶

1 For Statement of Objects and Reasons, see Bombay Government Gazette, 1949, Part

V,  page  597.

* This  Act  shall  be  deemed  to  have  come  into  force  on  the  20th  day  of

November  1951  [vide  s.  1(2)  of  Bom.  10  of  1953].

† This  Act  shall  be  deemed  to  have  come  into  force  on  the  1st  day  of  April

1962  [vide  s.  1(2)  of  Mah.  28  of  1966].

‡ Mah.  Ordinance  No.  VIII  of  1967  was  repealed  by  Mah.  26  of  1967,  s.  6.
§ Mah.  Ordinance  No.  III  of  1968  was  repealed  by  Mah.  32  of  1968,  s.  3.
¶ Mah.  Ordinance  No.  VII  of  1969  was  repealed  by  Mah.  33  of  1969,  s.  3.

2

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

Amended by Mah.    8 of 1970.

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„

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13 of 1971.

53 of 1973 (27-12-1973).*

37 of 1974££(20-5-1974).*

16 of 1975 (1-4-1975).*

27 of 1975 (27-8-1975).*

63 of 1975† (22-9-1975).*

68 of 1975 (24-12-1975).*

42 of 1976 (1-10-1976).*

42 of 1977 (11-8-1977).*

21 of 1979†† (21-4-1979).*

24 of 1979$ (15-6-1979).*

6 of 1980 (13-2-1980).*

20 of 1980¶ (16-10-1980).*

12 of 1981@ (4-2-1981).*

68 of 1981 (28-12-1981).*

69 of 1981(28-12-1981).*

„      29 of 1982††$ (4-8-1982).*

„      27 of 1983‡‡(20-5-1983).*

„

„

„

„

7 of 1984 (30-3-1984).*

32 of 1984£@@ (5-9-1984).*

3 of 1985@@ (11-2-1985).*

7 of 1986@@@ (20-12-1985).*

*This indicates the date of commencement of Act.

££Mah. Ordinance No. VII of 1974 was repealed by Mah. 37 of 1974, s. 3.

†Mah. Ordinance No. XI of 1975 was repealed by Mah. 63 of 1975, s. 11.

††Mah. Ordinance No. III of 1979 was repealed by Mah. 21 of 1979, s. 6.

$Mah. Ordinance No. V of 1979 was repealed by Mah. 24 of 1979, s. 3.

¶Mah. Ordinance No. XII of 1980 was repealed by Mah. 20 of 1980, s. 23.

@Mah. Ordinance No. I of 1981 was repealed by Mah. 12 of 1981, s. 7.

††$Mah.Ordinance No. IX of 1982 was repealed by Mah. 29 of 1982, s.9.

Section 2 of the Mah. 29 of 1982 provides as follows :—

Extention
of
Bom.  LIX  of
1949 to rest
of  State.

“2. The Bombay Provincial Municipal Corporations Act, 1949, as in force immediately before
the commencement of this Act in the Bombay area of the State of Maharashtra, is hereby extended
to the rest of the State of Maharashtra.”.

‡‡Mah. Ordinance No. XI of 1983 was repealed by Mah. 27 of 1983, s. 5.

£@@ Maharashtra Ordinance No. VI of 1984 was repealed by Mah. 32 of 1984, s. 3(1).

@@ Maharashtra Ordinance No. I of 1985 was repealed by Mah. 3 of 1985, s. 10.

@@@ Maharashtra Ordinance No. XIII of 1985 was repealed by Mah. 7 of 1986, s. 7.

1949 :   LIX]

Maharashtra  Municipal  Corporations  Act

3

Amended by Mah. 44 of 1986£ (19-12-1986).*

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20 of 1987 (1-11-1987).*

38 of 1987 (4-12-1987).*

18 of 1988££ (11-7-1988).*

6 of 1989.

19 of l989t.

28 of l989£££ (12-6-1989).*

£ Section 3 of Mah. 44 of 1986 reads as under :—

Mah.
XLIV of
1986.

“3. Notwithstanding anything contained in the principal Act, all acts and things done during

the period commencing from the date on which the aggregate period of three years referred to in

clause (ab) of paragraph 22 of Appendix IV to the principal Act has expired and ending on the date

of commencement of the Bombay Provincial Municipal Corporations (Amendment and Validation)

Act, 1986 (hereinafter referred to as “ the said period ’’), by the Administrator appointed under the

said clause (ab) shall be valid and shall be deemed always to have been valid; and no suit or other

proceeding shall be instituted, maintained or continued against any such Administrator or the

Corporation on the ground that the elections of Councillors were not held within the aggregate

period of three years from the date on which such Administrator had assumed office and that he

had no authority to do such acts or things during the said period.”.

Validation  of
acts  and
things done
by
administrators.

* This indicates the date of commencement of Act.

££ Section 3 of Mah. 18 of 1988 reads as under :—

“3. Notwithstanding anything contained in the principal Act, all acts and things done during

the period commencing from the date on which the aggregate period of five years referred to in

clause (ab) of paragraph 22 of Appendix IV to the principal Act has expired and ending on the date

Mah.
XVIII of
1988.

of commencement of the Bombay Provincial Municipal Corporations (Amendment and Validation)

Act, 1988 (hereinafter referred to as “the said period”), by the Administrator appointed under the

said clause (ab), shall be valid and shall be deemed always to have been valid; and no suit or other

Validation  of
acts  and
things done
by
administrators.

proceeding shall be instituted, maintained or continued against any such Administrator or the

Corporation on the ground that the elections of Councillors were not held within the aggregate

period of five years from the date on which such Administrator had assumed office and that he had

no authority to do such acts or things during the said period.”.

t Section 3 of Mah. 19 of 1989 reads as under :—

Mah.
XIX of
1989.

“3. Notwithstanding anything contained in the principal Act, all acts and things done during

the period commencing from the date on which the aggregate period of six years referred to in

clause (ab) of paragraph 22 of Appendix IV to the principal Act has expired and ending on the date

of commencement of the Bombay Provincial Municipal Corporations (Amendment and Validation)

Act, 1989 (hereinafter referred to as “the said period”), by the Administrator appointed under the

said clause (ab), shall be valid and shall be deemed always to have been valid; and no suit or other

proceeding shall be instituted, maintained or continued against any such Administrator or the

Corporation on the ground that the elections of Councillors were not held within the aggregate

period of six years from the date on which such Administrator had assumed office and that he had

no authority to do such acts or things during the said period.”.

£££ Maharashtra Ordinance No. IV of 1989 was repealed by Mah. 28 of 1989, s. 8.

Validation of
acts and
things done
by
administrators.

H 610—4

4

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

Amended by Mah. 11 of 1990 £££ (16-3-1990).*

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12 of 1990 f (12-2-1990)*

13 of 1990

28 of 1990

36 of 1990$$ (14-11-1990)*

15 of 1991 ©(16-2-1991).*

26 of 1991 @* (29-10-1991).*

13 of 1992 (1-1-1993).*

21 of 1992 *@f#(10-8-1992)*

12 of 1993 (4-1-1993).*

15 of 1994

41 of 1994*f(31-5-1994).*

£££ Maharashtra Ordinance No. 5 of 1990 was repealed by Mah. 11 of 1990, s. 11.

*This indicates the date of commencement of the Act.

f Mah. Ord. 3 of 1990 was repealed by Mah. 12 of 1990, s.14.

Section 13 of Mah. 12 of 1990 reads as under :—

Sitting
councillors  to
continue  to
hold  office.

“13. For the removal of doubt, it is hereby declared that every person, elected as a councillor of

the Municipal Corporation of Greater Bombay or any of the Municipal Corporations constituted

under  the  provisions  of  the  Bombay  Provincial  Municipal  Corporations  Act,  1949  or  of  the

Corporation  of  the  City  of  Nagpur  or  of  any  of  the  Municipal  Councils  established  under  the

Maharashtra Municipalities Act, 1965 and holding office as such councillor and has not attained

the age of twenty one years on or before the date of commencement of the Maharashtra Municipal

Corporations and Municipalities (Amendment) Act, 1990 shall, unless, he resigns or is disqualified

to hold, such office of councillor before the expiry of his term, continue to be such councillor till the

expiry of his term, as if the amendments made to the relevant municipal law by the Maharashtra

Bom.
LIX  of
1949
Mah. XL
of  1965
Mah. XII
of  1990
Mah. XII
of  1990.

Municipal Corporations and Municipalities (Amendment) Act, 1990 had never been made.”.

Validation  of
acts  and
things done
by
administrators.

$$Maharashtra Ordinance No. 13 of 1990 was repealed by Mah. 36 of 1990, s. 10.

Section 9 of Mah. 36 of 1990 reads as under :—

“9. Notwithstanding anything contained in the Provincial Municipal Corporations Act, all acts

and things done during the period commencing from the date on which  the aggregate period of

eight years referred to in clause (ab) of paragraph 22 in Part IV of Appendix IV to the Provincial

Municipal Corporations Act has expired and ending on the date of commencement of this Act

(hereinafter  referred  to  as  “the  said  period”)  by  the  Administrator  appointed  under  the  said

clause (ab), shall be valid and shall be deemed always to have been valid; and no suit or other

proceeding shall be instituted, maintained or continued against any such Administrator or the

Corporation on the ground that the elections of councillors were not held within the aggregate

period of eight years, from the date on which such Administrator had assumed office and that he

had no authority to do such acts or things during the said period.

©Maharashtra Ordinance No. 3 of 1991 was repealed by Mah. 15 of 1991, s. 11.

@*Mah. Ord. 11 of 1991 was repealed by Mah. 26 of 1991.

*@f# Mah. Ord. 9 of 1992 was repealed by Mah. 21 of 1992.

*f  Mah. Ord. 10 of 1994 was repealed by Mah. 41 of 1994, s. 163.

1949 :   LIX]

Maharashtra  Municipal  Corporations  Act

5

Amended by Mah. 44 of 1994  (11-11-1994)***†‡

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  4 of 1995 (31-5-1994)****†

5 of 1995 (31-5-1994)*‡‡

20  of 1995 (31-8-1994)†

3 of 1996 (31-8-1995)*‡‡‡†

11  of 1996 (21-1-1996)†

25  of 2000 (4-3-2000)†
43  of 2000 (13-9-2000)†

1  of 2001 (9-11-2000)†
2  of 2001 (16-9-2000)†
8  of 2002 (9-11-2001)†

(7-11-2001).

11  of 2002 (14-2-2002)†
16  of 2004 (1-1-2005)†
   5  of 2005 (4-1-2005)†

Mah. IV
of 1995.

Mah. IV
of 1995.

***†‡ Maharashtra Ordinance No. XVIII of 1994 was repealed by Mah. 44 of 1994, s. 11.

****† Maharashtra Ordinance No. 19 of 1994 was repealed by Mah. 4 of 1995, s.6.

Sections 4 and 5 of Mah. 4 of 1995 reads as under :—

‘‘ 4. Notwithstanding the deletion of Part IV of Appendix IV to the principal Act, the municipal
officers and servants appointed, if any, under that part before the date of commencement of the
Bombay  Provincial  Municipal  Corporations  (Amendment  and  Validation)  Act,  1995,  shall  be
deemed to have been appointed under the corresponding provisions obtaining in Chapter IV of the
principal Act and shall continue to be the employees of the Corporation unless their appointments
are duly terminated under the said corresponding provisions.

5. Notwithstanding anything contained in the principal Act, all acts or things done, by the
administrator of the Municipal Corporation of the City of Kalyan appointed under clause (ab) of
paragraph 22 of Part IV of Appendix IV to the principal Act, during the period commencing on the
date on which the aggregate period of ten years referred to in the said clause (ab) expired and
ending  on  the  date  of  commencement  of  the  Bombay  Provincial  Municipal  Corporations
(Amendment and Validation) Act, 1995 (hereinafter referred to as “ the said period ”), shall be
valid and shall be deemed always to have been valid; and no suit or other proceeding shall be
instituted,  maintained  or  continued  against  the  said  Administrator  or  the  said  Municipal
Corporation on the ground that the elections to the said Municipal Corporation for election of the
Councillors were not held within the aggregate period of ten years from the date on which the
Administrator had assumed office and that he had no authority to do such acts or things during
the said period.’’.

Continuance
of certain
appointments.

Validation  of
acts and
things done
by
administrator.

*‡‡ Mah. Ord. V of 1995 was repealed by Mah. 5 of 1995, s. 3.

† This indicates the date of commencement of the Act.

*‡‡‡† Mah. Ord. X of 1995 was repealed by Mah. 3 of 1996, s. 3.

‡ This indicates the date of commencement of this Act.

 Mah. Ord. VII of 2000 was repealed by Mah. 25 of 2000, s. 5.
 Mah. Ord. XXV of 2000 was repealed by Mah. 1 of 2001, s. 4.
 Mah. Ord. XVII of 2000 was repealed by Mah. 2 of 2001, s. 5.
 Mah.  Ord.  XVIII  of  2001,  Mah.  Ord.  XXXII  of  2001,  Mah.  Ord.  XXXIV  of  2001  and

Mah. Ord. XXXVII of 2001 were repealed by Mah. 8 of 2002, s. 24.

 This Act came into force w.e.f. 14th February 2002 by G. N., U.D.D., No. MMC. 1199/218/

CR 29/2002/UD-32, dated the 14th February 2002.

 This Act came into force w.e.f. 1st January 2005 by G. N., U.D.D., No. BNM. 2004/375/

CR 33/UD-32, dated the 1st January 2005.

H 610—4a

6

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

Amended by Mah. 19 of 2006  (21-6-2006)@

 „

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 35 of 2006  (1-10-2006)*

 49 of 2006  (27-10-2006)$

 11 of 2007  (27-2-2007)£

 15 of 2007  (27-10-2006)†#

 33 of 2007  (1-3-2008)‡

  2 of 2008  (4-1-2008)†

  3 of 2008  (4-1-2008)†

 12 of 2008  (2-5-2008)†

 13 of 2008  (12-5-2008)¶%

  4 of 2009  (3-10-2008)a

  6 of 2009  (14-1-2009)†

Validation
and savings.

@ This Act came into force with effect from the 21st June 2006 vide G. N., U.D.D., No. BNM

5005/218/CR-43/2005/UD-32, dated the 21st June 2006.

* This Act came into force with effect from the 1st October 2006 vide G. N., U.D.D., No. BNM

5003/121/CR-19/UD-32, dated the 15th September 2006.

$ Maharashtra Ordinance No. 12 of 2006 was repealed by Mah. 49 of 2006, s. 6.

£ Maharashtra Ordinance No. 2 of 2007 was repealed by Mah. 11 of 2007, s. 13.

# Section 6 of Mah. 15 of 2007 reads as under :—

“6. Notwithstanding  anything  contained  in  the  second  proviso  to  section  9A  of  the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, any
Councillor elected to reserved seat and who has not received the validity certificate from the
Scrutiny Committee within a period of three months from the date of his election shall continue
to hold the office of the Councillor for a further period of one month, as if, the period of three
months for submission of the Validity Certificate has been extended by a further period of one
month; and any action taken by such Councillor during the period commencing from the expiry
of  three  months  from  the  date  of  his  election  and  ending  on  the  date  of  publication  of  the
Maharashtra Municipal Corporation and Municipal Councils (Amendment) Act, 2007, shall
be deemed to have been validly taken and shall not be challenged in any court of law only on the
ground that during the period of three months from the date of his election he had not submitted
the validity certificate.”.

Mah. XL
of 1965.

Mah. XV
of 2007.

‡ This Act came into force with effect from the 1st March 2008 vide G. N., U.D.D., No. BNM 5006/

35/CR-79/UD-32, dated the 25th February 2008.

% This Act came into force with effect from the 12th May 2008 vide G. N., U.D.D., No. BNM 5007/

434/CR-119/UD-32, dated the 12th May 2008.

¶ Section 6 of Mah. 13 of 2008 reads as under :—

Removal of
doubt.

“6. For the removal of doubt, it is hereby declared that, the election to a reserved seat to
the Municipal Corporations or Municipal Councils, before the date of comming into force of this
Act, shall be regulated by the relevant provisions of the Mumbai Municipal Corporation Act,
the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act,
1948, or, as the case may be, the Maharashtra Municipal Councils, Nagar Panchayats and
Industrial  Townships  Act,  1965,  as  they  existed  immediately  before  such  date  of
commencement.”.

Bom. III
of 1888.
Bom.
LIX of
1949.
C.P. and
Berar II
of 1950.
Mah. XL
of 1965.

a Maharashtra Ordinance No. 7 of 2008 was repealed by Mah. 4 of 2009, s. 9.

1949 :   LIX]

Maharashtra  Municipal  Corporations  Act

7

Amended by Mah. 7 of 2009 (6-2-2009)ß

 „

 „

 „

 „

 „

 „

 „

„

„

„

„

„

„

„

 21 of 2009

 27 of 2009  (31-8-2009) 

 10 of 2010  (1-6-2010)©

 27 of 2010¥!@@

  9 of 2011  (1-5-2011)**

 11 of 2011  (10-3-2011)$$

 12 of 2011  (10-3-2011)££

ß This Act came into force with effect from the 6th February 2009 vide G. N., U.D.D., No. MMC

2008/291/CR-103/UD-32, dated the 6th February 2009.

 Not brought into force till 8th June 2018.

 Maharashtra Ordinance No. 21 of 2009 was repealed by Mah. 27 of 2009, s. 7.

 This  Act  came  into  force  with  effect  from  the  1st  June  2010  vide  G.  N.,  U.D.D.,

No. MMC 2008/466/CR-167/08/UD-32, dated the 31st May 2010.

© Section 43 of Mah. 10 of 2010 reads as under :—

“43. For  the  removal  of  doubt,  it  is  hereby  declared  that  all  proceedings  in
connection with any assessment, reassessment, levy (including levy of penalty or interest) and
collection of any property tax levied on the basis of reteable value relating to any period whatsoever,
immediately before the date determined by the Corporation under sub-section (2) of section 129
to adopt capital value to be the base for levy of property taxes shall, notwithstanding anything
contained in this Act but save as otherwise expressly provided therein, be continued and dealt
with under the Provincial Corporations Act as if this Act has not been enacted.”.

¥ Sections 1, 10 and 12 came into force with effect from the 2nd August 2010 and sections 2 to

9, 11 and 13 to 19 came into force with effect from the 26th August 2010.

! Maharashtra Ordinance Nos. 9 of 2009 and 10 of 2010 were repealed by Mah. 27 of 2010, s. 20.

@@ Section 19 of Mah. 27 of 2010 reads as under :—

Removal of
doubt.

Bom. III
of  1888.
Bom.
LIX  of
1949.
C.P. and
Berar II
of  1950.
Mah. XL
of  1965.

“19.

(1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal
Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur
Corporation  Act,  1948  or,  as  the  case  may  be,  the  Maharashtra  Municipal  Councils,  Nagar
Panchayats and Industrial Townships Act, 1965, in respect of the matters contained in this Act,
the State Government may, as the occasion arises, by order published in the Official Gazette, do
anything  not  inconsistent  with  the  provisions  of  the  Mumbai  Municipal  Corporation  Act,  the
Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur Corporation Act, 1948
or, as the case may be, the Maharashtra Muncipal Councils, Nagar Panchayats and Industrial
Townships Act, 1965, as amended by this Act, which appears to it to be neccessary for the purpose
of removing the difficulty :

Power to
remove
difficulty.

Provided that, no such order shall be made after the expiry of a period of two years from the

date of commencement of the respective section of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made,

before each House of the State Legislature.”.

** Sections 3, 5, 7 and 9 came into force with effect from the 1st May 2011 vide G.N., U.D.D.,
No. BMC. 5007/267/CR-71/UD-32, dated the 27th April 2011. Section 41 This Act has not brought
into force till 31st August 2013.

$$ Maharashtra Ordinance No. 10 of 2011 was repealed by Mah. 11 of 2011, s. 17.

££ Maharashtra Ordinance No. 9 of 2011 was repealed by Mah. 12 of 2011, s. 8.

8

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

Amended by Mah.

14 of 2011 (10-3-2011)##††

”

”

”

”

”

”

”

”

”

20 of 2011 (21-4-2011)†

26 of 2011 (26-5-2011)

29 of 2011 (12-9-2011)ßß

## Maharashtra Ordinance No. 11 of 2011 was repealed by Mah. 14 of 2011, s. 31.

†† Section 29 of Mah. 14 of 2011 reads as under :—

Removal of
difficulty.

“ 29.

(1) If any difficulty arises in giving effect to the provisions of a Municipal Act or rules

contained therein or made thereunder as they stand amended by this Act, the State Government

may, as occassion arises, by order, take such action, not inconsistent with the provisions of the

Municipal Act as amended by this Act, as appears to it to be necessary for the purpose of removing

such difficulty :

Provided that, no such order shall be made after the expiry of a period of two years from the

date of commencement of this Act.

(2) Every such order made under sub-section (1) shall be laid, as soon as may be, after it is

made before each House of the State Legislature.”.

† This indicates the date of commencement of the Act.

 Section 6 of Mah. 20 of 2011 reads as under :—

Power to
remove
difficulties.

“ 6.

(1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal

Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur

Corporation Act, 1948 or the Maharashtra Municipal Councils, Nagar Panchayats and Industrial

Townships Act, 1965,  as amended by this Act or by reason of anything contained therein, or in

giving  effect  to  any  of  those  Acts  in  respect  of  the  matters  contained  in  this  Act,  the  State

Government may, as occassion arises, by an order published in the Official Gazette, do anything

not inconsistent with the provisions of this Act, which appears to it to be necessary or expedient

for the purpose of removing such difficulty :

Bom. III
of 1888.

Bom.
LIX of
1949.
C.P and
Berar II
of 1950.
Mah. XL
of 1965.

Provided that, no such order shall be made after the expiry of a period of two years from the

date of commencement of this Act.

(2) Every order made under sub-section (1) shall be laid, as soon as may be, after it is made,

before each House of the State Legislature.”.

 Maharashtra Ordinance No. 13 of 2011 was repealed by Mah. 26 of 2011, s. 5.
 This Act came into force with effect from the 12th September 2011 vide G.N., U.D.D., No.
MMC-2010/5/CR-6/UD-32, dated the 9th September 2011.

ßß Section 9 of Mah. 29 of 2011 reads as under :—

Power to
remove
difficulties.

“ 9.

(1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal

Corporation Act, the Bombay Provincial Municipal Corporations Act, 1949, the City of Nagpur

Corporation  Act,  1948,  or,  as  the  case  may  be,  the  Maharashtra  Municipal  Councils,  Nagar

Panchayats and Industrial Townships Act, 1965, as amended by this Act, the State Government

may, as occassion arises, by an order published in the Official Gazette, do anything, not inconsistent

with the provisions of those Acts :

Provided that, no such order shall be made after the expiry of a period of two years from the

date of commencement of this Act.

(2) Every  order  made  under  sub-section  (1)  shall  be  laid,  as  soon  as  may  be,  after

it is made, before each House of the State Legislature.”.

Bom. III
of 1888.

Bom.
LIX of
1949.

C.P. and
Berar II
of 1950.

Mah. XL

of  1965.

1949 :   LIX]

Maharashtra  Municipal  Corporations  Act

9

Amended by Mah.
”
”
”
”
”
”
”
”
”
”
”
”

”
”
”
”
”
”
”
”
”
”
”
”

”
”
”
”
”
”
”
”
”
”
”
”

32 of 2011 (21-5-2011)$
40 of 2011*@
42 of 2011 (29-08-2011)@ (24-10-2011)@@###
2 of 2012* (22-3-2012)$

17 of 2012 (4-8-2012)$
23 of 2012** (5-12-2012)
28 of 2012 (20-12-2012)$
34 of 2014
10 of 2015 (31-12-2014)
13 of 2015
18 of 2015
35 of 2015
43 of 2015$ (05-10-2015)§

 Maharasthra Ordinance No. 12 of 2011 was repealed by Mah. 32 of 2011, s. 49.
*@ This Act not brought into force till 8th June 2018
@ Sections 1 and 3 of the said Act shall be deemed to have come into force on the 29th August

2011 by Mah. 42 of 2011, s. 1(2) (i)

@@ Sections 2, 4 and 5 of the said Act shall be deemed to have come into force on the 24th

October 2011 by Mah. 42 of 2011, s. 1(2) (ii)

### Maharashtra Ordinance No. 8 of 2011 and Maharashtra Ordinance No. 20 of 2011 were

repealed by Mah. 42 of 2011, s. 6.

%%% Section 5 of Mah. 42 of 2011 read as under :—

Bom.
LIX  of
1949.
Mah. XL
of 1965.

“ 5.

(1) If any difficulty arises in giving effect to the provisions of the Bombay Provincial
Municipal Corporations Act, 1949 and the Maharashtra Municipal Councils, Nagar Panchayats
and  Industrial  Townships  Act,  1965,  as  amended  by  this  Act,  the  State  Government  may,  as
occasion arises, by order published in the Official Gazette, do anything not inconsistent with the
provisions of the relevant law, which appears to it to be necessary or expedient for the purpose of
removing the difficulty :

Power  to
remove
difficulty.

Provided that, no such order shall be made after the expiry of a period of two years from the

date of commencement of the respective section of this Act.

(2) Every order under sub-section (1) shall be laid, as soon as may be, after it is issued, before

each House of the State Legislature.’’.

* This Act came into force w.e.f. 22nd March 2012 vide G.N., U.D.D., No. MMC. 2009/72/C.R.

48/2009/UD-32, dated the 22nd March 2012.

** This Act come into force w.e.f. 5th December 2012 vide G.N., U.D.D., No. NMC. 2009/C.R. 54/

UD-32, dated the 1st December 2012.

%%%% Section 9 of Mah. 23 of 2012 read as under :—
“ 9.

(1) If any difficulty arises in giving effect to the provisions of the Municipal Corporations
Act, as amended by this Act, the State Government may, as occasion arises, by an order published
in the Official Gazette, do anything not inconsistent with the provisions of the said Act which
appears to it to be necessary or expedient for the purpose of removing the difficulty :

Power  to
remove
difficulty.

Provided that, no such order shall be made after the expiry of a period of two years from the

date of commencement of this Act.

(2) Every order under sub-section (1) shall be laid, as soon as may be, after it is made, before

each House of the State Legislature.”

$ This indicates the date of commencement of the Act.
Maharashtra Ordinance No. 19 of 2015 was repealed by Mah. 43 of 2015, s. 6.
§ Section 5 of Mah. 43 of 2015 reads as under :—

III of
1888.
LIX  of
1949.
Mah. XL
of  1965.

“ 5.

(1) If any difficulty arises in giving effect to the provisions of the Mumbai Municipal
Corporations Act, the Mumbai Municipal Corporation Act or, as the case may be, the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by this
Act, the State Government may, as occasion arises, by order published in the Official Gazette, give
such directions not inconsistent with the provisions of this Act, as may appear to it to be necessary
or expedient for the purpose of removing the difficulty :

Power  to
remove
difficulty.

Provided that, no such order shall be made after the expiry of the period of two years from the

date of commencement of this Act.

(2) Every order under sub-section (1) shall be laid, as soon as may be, after it is made, before

each House of the State Legislature ”.

10

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

 Saving.

”
”
”
”
”
”

”
”
”
”
”
”

”
”
”
”
”
”

19 of 2016$$
9 of 2017£ (19-05-2016) $
10 of 2017 © (16-06-2016) $
42 of 2017 (01-07-2017)¶†
51 of 2017 ££@ (08-01-2017) $
52 of 2017 ©© (02-02-2017) $

$$ This Act came into force with effect from 2nd January 2017, vide G. N., U.D.D., No. SMA.

2015/CR-254/UD-34,  dated  the  16-12-2016.

£ Maharashtra Ordinance No. 16 of 2016 was repealed by Mah. 9 of 2017, s. 13(1).
$ This indicates the date of commencement of Act.
© Maharashtra Ordinance No. 17 of 2016 was repealed by Mah. 10 of 2017, s. 4(1).
¶ This Act came into force with effect from the 1st July 2017 vide G.N., F.D., No. MGST. 1017/CR

101(2)/Taxation-1, dated the 29th June 2017.

† Section 78 of Mah. 42 of 2017 reads as under :—

“ 78.

(1) Notwithstanding the amendments made in the Mumbai Municipal Corporation
Act, the Maharashtra Entertainments Duty Act, the Maharashtra Municipal Corporations Act,
the  Maharashtra  Motor  Vehicles  Tax  Act,  the  Maharashtra  Village  Panchayats  Act,  the
Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, the
Maharashtra State Tax on Professions, Trades, Callings and Employments Act, 1975 and the
Maharashtra Value Added Tax Act, 2002 by this Act, those laws and all rules, regulations, orders,
notifications, form, certificates and notices, appointments and delegation of powers issued under
those laws which are in force immediately before the appointed day of the Maharashtra Goods
and Services Tax Act, 2017 shall, subject to the other provisions of this Act, in so far as they apply,
continue to have effect after the appointed day of the Maharashtra Goods and Services Tax Act,
2017 for the purposes of the levy, returns, assessment, re-assessment, appeal, determination,
revision, rectification, reference, limitation, production and inspection of accounts and documents
and search of premises, transfer of proceedings, payment and recovery, calculation of cumulative
quantum of benefits, exemption from payment of tax and deferment of due date for payment of
tax, cancellation of the certificate of Entitlement, collection or deduction of tax at source, refund or
set off of any tax, withholding of any refund, exemption from payment of tax, collection of statistics,
the power to make rules, the imposition of any penalty, or of interest or forfeiture of sum where
such  levy,  returns  assessment,  re-assessment,  appeal,  determination,  revision,  rectification,
reference,  limitation,  payment  and  recovery,  calculation  of  cumulative  quantum  of  benefits,
exemption from payment of tax and deferment of due date for payment of tax, cancellation of the
certificate of entitlement, collection, deduction of tax at source, refund, set-off, withholding of any
refund, exemption, collection of statistics, the power to make rules, limitation, production and
inspection of accounts and documents and search of premises, transfer of proceedings, penalty,
interest or forfeiture of any sum relates to any period ending before the appointed day of the
Maharashtra Goods and Services Tax Act, 2017 or for any other purpose whatsoever connected
with or incidental to any of the purposes aforesaid and whether or not the tax, penalty, interest,
sum forfeited or tax deducted at source, if any, in relation to such proceedings is paid before or
after the appointed day of the Maharashtra Goods and Services Tax Act, 2017.

(2) Without prejudice to the provisions contained in the foregoing sub-section, the provisions
of section 7 of the Maharashtra General Clauses Act, shall apply in relation to the repeal of any of
the provisions of the Acts referred to in sub-section (1).”.

££ Maharashtra Ordinance No. 13 of 2017 was repealed by Mah. 51 of 2017, s. 5(1).

@ Section 6 of Mah. 51 of 2017 reads as under :—

Removal  of
doubt.

“ 6. For the removal of doubt, it is hereby declared that all the provisions of the Mumbai
Municipal Corporation Act and the Maharashtra Municipal Corporations Act, as amended by the
Mumbai  Municipal  Corporation  and  the  Maharashtra  Municipal  Corporations  (Amendment)
Ordinance, 2017, shall with effect from 8th January 2017, being the date of commencement of the
said Ordinance, continue to be in force and be deemed to be continuously in force.”.

©© Maharashtra Ordinance No. 8 of 2017 was repealed by Mah. 52 of 2017, s. 5(1).

Section 6 of Mah. 52 of 2017 reads as under :—

III of
1888
I of 1923.
LIX  of
1949.
LXV  of
1958.
III of
1959.
Mah. XL
of  1965.
Mah.
XVI  of
1975.
Mah. IX
of  2005.
Mah.
XLIII. of
2017.
Mah.
XLIII. of
2017.

Mah. XLIII.
of  2017.

Mah. XLIII.
of  2017.

I of 1904.

III of
1888.
LIX  of
1949.
Mah.
Ord. III
of  2017.

Removal  of
doubt.

“ 6. For the removal of doubt, it is hereby declared that all the provisions of the Mumbai
Municipal Corporation Act, the Maharashtra Municipal Corporations Act and the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, as amended by the
Mumbai Municipal Corporation, the Maharashtra Municipal Corporations and the Maharashtra
Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Ordinance, 2017,
shall with effect from 2nd February 2017, being the date of commencement of the said Ordinance,
continue to be in force and be deemed to be continuously in force.”.

III of 1888.
LIX  of
1949.
Mah. XL of
1965.
Mah.  Ord.
VI of 2017.

1949 :   LIX]

Maharashtra  Municipal  Corporations  Act

11

”
”
”

”
”
”

”
”
”

53 of 2017 ¶¶ (13-06-2017) $
7 of 2018 +* (12-10-2017) $
21 of 2018 (20-3-2018) $

An Act to provide for the establishment of Municipal
Corporations 1[for all larger urban areas except that of Brihan
Mumbai] in 2[the State of Maharashtra].

¶ ¶ Maharashtra Ordinance No. 10 of 2017 was repealed by Mah. 53 of 2017, s. 4(1).

+ Maharashtra Ordinance No. 23 of 2017 was repealed by Mah. 7 of 2018, s. 5(1).

* Section 3 of Mah. 7 of 2018 reads as under :—

LIX  of
1949.
Mah.
Ord. VII
of  2018.

“ 3.

(1) Notwithstanding  anything  contained  in  any  judgement,  decree or  order  of  any
court to the contrary, any assessment, review, levy or collection of stamp duty or surcharge in
respect of execution of instruments of sale, gift and usufructuary mortgage, or any action taken or
thing done in relation to such assessment, review, levy or collection under the provisions of the
Maharashtra Municipal Corporations Act (hereinafter in this section referred to as “the Municipal
Corporations Act”) prior to the date of commencement of the Maharashtra Municipal Corporations
(Second Amendment) Act, 2017 (hereinafter in this section referred to as “the Amendment Act” ),
shall be deemed to be valid and effective as if such assessment, review, levy or collection or action
or thing had been duly made, taken or done under the Municipal Corporations Act, as amended by
the Amendment Act, and accordingly,—

Validation  of
duty levied and
collected.

(a)  all  acts,  proceedings  or  things  done  or  taken  by  any  authority  or  by  the  State
Government or by any officer of the State Government in connection with the assessment,
review, levy or collection or action or thing in connection with the levy of such stamp duty or
surcharge , for all purposes be deemed to be, and to have always been done or taken in
accordance with the law;

(b)  no  suit,  appeal,  application  or  other  proceedings  shall  lie  or  be  maintained  or
continued in any Court or before any Tribunal, officer or other authority for the refund of such
stamp duty or surcharge so paid; and

(c) no Court, Tribunal, officer or other authority shall enforce any decree or order

directing the refund of such duty or surcharge.

(2) For the removal of doubt it is hereby declared that, nothing in sub-section (1) shall be

construed as preventing a person,—

(a) from questioning in accordance with the provisions of the Municipal Corporations
Act,  as  amended  by  the  Amendment  Act,  assessment,  review,  levy  or  collection  of  such
stamp duty or surcharge, referred to in sub-section (1), or

(b) from claiming refund or any stamp duty or surcharge paid by him in excess of the
amount  due  from  him  by  way  of  stamp  duty  under  the  Municipal  Corporations  Act  as
amended by the Amendment Act.

(3) Nothing in the Municipal Corporations Act, as amended by the Amendment Act, shall
render any person liable to be convicted of any offence in respect of anything done or omitted to be
done by him, before the date of commencement of the Amendment Act, if such act or omission was
not an offence under the Municipal Corporations Act on the relevant date, but for such amendment
made by the Amendment Act; nor shall any person in respect of such act or omission be subject to
a penalty greater than that which could have been imposed on him under the law in force immediately
before the date of commencement of the Amendment Act.”.

1 These words were substituted for the words “ for certain larger urban areas ” by Mah. 23 of 2012, s. 2.

2 These words were substituted for the words “ the Province of Bombay ” by Mah. 29 of 1982, s. 3.

H 610—5

12

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

WHEREAS,  it  is  expedient  to  provide  for  the  establishment  of  municipal
corporations  1[for  all  larger  urban  areas  except  that  of  Brihan  Mumbai]  2[in
the  State  of  Maharashtra]  with  a  view  to  ensure  a  better  municipal
government of 3[the said larger urban areas]; It is hereby enacted as follows :—

CHAPTER  I.

PRELIMINARY.

Short title,
extent and
commence-
ment.

(1) This Act may be called the  4[Maharashtra Municipal Corporations

1.
Act ].

5[(2) It  extends  to  the  areas  of    Municipal  Corporations  constituted  or

deemed  to  be  constituted  under  the  Act.]

Definitions.

6*

2.

*

*

*

*

*

*

In  this  Act,  unless  there  be  something  repugnant  in  the  subject  or

context,—

(1) “ Appendix ”  means  an  Appendix  to  this  Act  ;

7*

*

*

*

*

*

*

*

8[(2A) “ approved  co-operative  bank ”  means  such  co-operative  bank
registered  or  deemed  to  be  registered  under  the  †Bombay  Co-operative
Societies Act, 1925, as may be approved by the State Government by general
or  special  order ;]

Bom.
VII of
1925.

9[(2B) “ Assembly  Constituency ”  means  a  constituency  provided  by  law
for  the  purpose  of  elections  to  the  Maharashtra  Legislative  Assembly;  or
any part thereof which is for the time being comprised in the City ;

(2C) “ Assembly roll ” means the electoral roll prepared for any Assembly
constituency  in  accordance  with  the  provisions  of  the  Representation  of
the  People  Act,  1950 ;]

XLII of
1950.

(3) “ bakery or bake-house ” means any place in which bread, biscuits or
confectionery  are  baked,  cooked  or  prepared  in  any  manner  whatsoever
for  the  purposes  of  sale  or  profit ;

1 These words were subtituted for the words “ for certain larger urban areas ” by Mah. 23 of

2012, s. 3.

2 These words were inserted by Mah. 29 of 1982, s. 2.
3 These words were substituted for the words “ the said cities ” by Mah. 41 of 1994, s.

 42(b)(ii).

4 These words were substituted for the words and figures “ Bombay Provincial Municipal

Corporations Act, 1949 ” by Mah. 23 of 2012, s. 4.

5 This sub-section was substituted by Mah. 41 of 1994, s. 43(a).
6Sub-section (3) was deleted by Mah. 41 of 1994, s. 43(b).
7 Clause (2) was deleted by Mah. 41 of 1994, s. 44(a).
8 Clause (2A) was inserted by Bom. 19 of 1954, s. 2.
9 Clauses (2B) and (2C) were inserted by Mah. 34 of 1965, s. 2.
† See now the Maharashtra Co-operative Societies Act, 1960 (Mah. XXIV of 1961).

1949 :   LIX]

Maharashtra  Municipal  Corporations  Act

13

1[(3A) “ Backward  Class  of  citizens ”  means  such  classes  or  parts  of  or
groups within such classes as are declared, from time to time, by the State
Government to be Other Backward Classes and Vimukta Jatis and Nomadic
Tribes;]

(4) “ budget  grant ”  means  the  total  sum  entered  on  the  expenditure
side  of  a  budget  estimate  under  a  major  head  as  prescribed  by  rules  and
adopted  by  the  corporation,  and  includes  any  sum  by  which  such  budget
grant may be increased or reduced by a transfer from or to other heads in
accordance  with  the  provisions  of  this  Act  and  rules ;

(5) “ building ”    includes  a  house,  out-house,  stable,  shed,  hut,  and  other
enclosure  or  structure  whether  of  masonry,  bricks,  wood,  mud,  metal  or  any
other  material  whatever,  whether  used  as  a  human  dwelling  or  otherwise,
and  also  includes  verandahs,  fixed  platforms,  plinths,  doorsteps,  walls
including compound walls and fencing and the like ;

2[(5A) “ business ”  includes,---
(a) any  trade,  commerce,  profession,  consumption  or  manufacture  or
any  adventure  or  concern  in  the  nature  of  trade,  commerce,  profession,
consumption  or  manufacture,  whether  or  not  such  trade,  commerce,
profession,  consumption,  manufacture,  adventure  or  concern  is  carried
on with a motive to make gain or profit and whether or not any gain or
profit  accrues  from  such  trade,  commerce,  profession,  consumption,
manufacture,  adventure  or  concern  and  whether  or  not  there  is  any
volume,  frequency,  continuity  or  regularity  in  such  trade,  commerce,
profession,  consumption,  manufacture,  adventure  or  concern ;

(b) any  transaction  in  connection  with,  or  incidental  or  ancillary  to,
such trade, commerce, profession, consumption, manufacture, adventure
or concern whether or not such transaction is in respect of capital assets
and  whether  or  not  it  is  effected  with  a  motive  to  make  gain  or  profit
and  whether  or  not  any  gain  or  profit  accrues  from  such  transaction,
and  whether  or  not,  there  is  any  volume,  frequency,  continuity  or
regularity  in  such  transation ;

(c) any occasional transaction in the nature of such trade, commerce,
profession,  consumption,  manufacture,  adventure  or  concern  involving
import,  purchase  or  sale  of  goods  in  the  City,  whether  or  not  there  is
any volume, frequency, continuity or regularity to such transaction and
whether  or  not  such  transaction  is  effected  with  a  motive  to  make  gain
or  profit  and  whether  or  not  any  gain  or  profit  accrues  from  such
transaction ;

(d) any  transaction  in  connection  with,  or  incidental  or  ancillary  to,
the  commencement  or  closure  of  such  trade,  commerce,  profession,
consumption,  manufacture,  adventure  or  concern,  whether  or  not  such
transaction is effected with a motive to make gain or profit and whether
or not any gain or profit accrues from such transaction.

Explanation—For  the  purposes  of  this  clause,  the  activities  of  raising  of
man-made  forests  or  rearing  of  seedlings  or  plants  shall  be  deemed  to  be  a
business;]

(6) “ by-law ” means a by-law made under section 458 ;
3  ***

1 Clause (3A) was inserted by Mah. 41 of 1994, s. 44(b).

2 Clause (5A) was inserted by Mah. 3 of 1996, s. 2(a).

3 Clause (6A) was deleted by Mah. 42 of 2017, s. 32.

H 610—5a

14

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

Mah.
XXIII of
2012.

(7) “cesspool” includes a settlement tank or other tank for the reception

or disposal of foul matter from buildings ;

1[(8) “City” means the larger urban area specified in a notification issued,
in respect thereof under clause (2) of article 243-Q of the Constitution of
India or under sub-section (2) of section 3 of the Act,  2[forming a City, and
in respect of the City of Nagpur means, the area comprised in the City of
Nagpur on the date of commencement of the Bombay Provincial Municipal
Corporations (Amendment) and the City of Nagpur Corporation (Repeal)
Act, 2011];]

(9) “the Commissioner” means the Municipal Commissioner for the City
appointed under section 36 and includes an acting Commissioner appointed
under section 39 ;

3[(10) “Corporation” means the Municipal Corporation constituted or

deemed to have been constituted for a larger urban area known as a City;]

4[(11) “Councillor” means a person duly elected as a member of the
Corporation; and includes a nominated Councillor who shall not have the
right,—

(i) to vote at any meeting of the Corporation and Committees of the

Corporation; and

(ii) to get elected as a Mayor of the Corporation or a Chairperson of

any of the Committees of the Corporation ;]
(12) “cubical contents” when used with reference to the measurement
of a building means the space contained within the external surfaces of its
walls and roof and the upper surface of the floor of its lowest storey or where
the building consists of one storey only, the upper surface of its floor ;

(13) “dairy” includes any farm, cattle-shed, milk store, milk shop, or other
place from which milk is supplied for sale or in which milk is kept for the
purposes of sale or manufactured into butter, ghee, cheese, curds or dried
or condensed milk for sale and in the case of a dairyman who does not
occupy any place for the sale of milk, includes the place where he keeps
the vessels used by him for the sale of milk but does not include a shop or
other place in which milk is sold for consumption on the premises only ;

(14) “dairyman” includes the keeper of a cow, buffalo, goat, ass or other
animal the milk of which is offered or intended to be offered for sale for
human consumption, and any surveyor of milk and any  occupier of a dairy;
(15) “dairy produce” includes milk, butter, ghee, curd, butter milk,

cream, cheese and every product of milk ;

(16) “dangerous disease” means cholera, plague, small-pox or any other
epidemic  or  infectious  disease  by  which  the  life  of  human  beings  is
endangered and which the Corporation may from time to time by public
notice declare to be a dangerous disease ;

5[(16A)  “dealer”  means  any  person  who  whether  for  commission,
remuneration or otherwise imports, buys or sells any goods in the City for
the purpose of his business or in connection with or incidental to his
business, and includes,—

(a) a factor, broker, commission agent, del credere agent or any other
mercantile agent, by whatever name called, and whether or not of the

1 Clause  (8)  was  substituted  by  Mah.  41  of  1994,  s.  44(c).
2 These  words  were  substituted  for  the  words  “forming  a  City;”  by  Mah.  23  of  2012,  s.  5.
3 Clause  (10)  was  substituted  by  Mah.  41  of  1994,  s.  44  (d).
4 Clause  (11)  was  substituted  by  Mah.  41  of  1994,  s.  44(e).
5 Clause  (16A)  was  substituted  by  Mah.  3  of  1996,  s.  2(c).

1949 :   LIX]

Maharashtra  Municipal  Corporations  Act

15

same description as hereinbefore specified who buys, sells, supplies,
distributes or imports any goods in the City, belonging to any principal
or principals whether disclosed or not;

(b) an auctioneer, who sells or auctions goods in the City, belonging
to any principal whether disclosed or not and whether the offer of the
intending purchaser is accepted by him or by the principal or a nominee
of the principal;

(c) the Central Government or any State Government which (whether
or not while carrying on business) buys, sells, supplies, distributes or
imports goods directly or otherwise, for commission, remuneration or
otherwise;

(d) a  society,  club  or  other  association  of  persons  (whether
incorporated or not) which, whether while carrying on business or not,
imports, buys, sells, supplies or distributes goods whether for or on behalf
of its members or not, for cash or for deferred payment or, for commission,
remuneration or otherwise.

Explanation.—For the purposes of this clause,—
(A) a manager or agent of a non-resident dealer residing in the City
who imports, buys, sells, supplies or distributes goods in the City or acts
on behalf of such dealer as—

3  of
1930.

or

(a) a mercantile agent as defined in the Sale of Goods Act, 1930,

(b) an agent for handling of goods or documents of title relating to

goods, or

(c) an agent for the collection or the payment for the sale price of
goods, shall be deemed to be a dealer or as a guarantor for such
collection or payment;
(B) each of the following persons and bodies who disposes of any goods
including goods as unclaimed or confiscated or as unserviceable or as
scrap, surplus, old, obsolete or discarded material or waste products
whether by-auction or otherwise directly or through an agent for cash,
or for deferred payment, or for any other valuable consideration, shall,
notwithstanding  anything  contained  in  clause  (5A)  or  any  other
provisions of this Act, be deemed to be a dealer, namely :—

(a) Port Trusts;
(b) Municipal Corporations, Municipal Councils, Zilla Parishads

and other local authorities ;

(c) Railway administration as defined under the * Indian Railways

Act, 1890;

(d) Shipping, transport and construction companies;
(e) Air transport companies and Airlines ;
(f) Transporters, holding permit for transport vehicles granted
under the Motor Vehicles Act, 1988 which are used or adapted to be
used for hire or reward ;

(g) Maharashtra State Road Transport Corporation constituted

under the Road Transport Corporations Act, 1950 ;

*  See,  now  the  Railways  Act,  1989  (24  of  1989).

9  of
1890.

59  of
1988.

44  of
1950.

16

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

(h) Customs Department of the Government of India administering

the Customs Act, 1962 ;

(i)  Insurance  and  Financial  Corporations,  or  Companies,  and

52  of
1962.

Banking Companies;

(j) Advertising agencies;
(k) any other Corporation, Company, Body or Authority owned or
set-up  by,  or  subject  to  administrative  control  of,  the  Central
Government or any State Government.

Exception.—(i) Any individual who imports goods for his exclusive
consumption or use and a department of  State or Central Government
not engaged in business shall not be a dealer;

(ii) An agriculturist who sells exclusively agricultural produce grown
on the land cultivated by him personally, shall not be deemed to be a
dealer within the meaning of this clause ;]

1[(16B) “Designated Officer” means an officer designated under sub-

section (1) of section 260;]

(17) “drain” includes a sewer, tunnel, pipe, ditch, gutter or channel and
any cistern, flush-tank, septic tank or other device for carrying-off or
treating sewage, offensive matter, polluted water, sullage, waste water, rain
water, or sub-soil water and any culvert, ventilation shaft or pipe or other
appliance or fitting connected therewith, and any ejectors, compressed air
mains, sealed sewage mains and special machinery or apparatus for raising,
collecting, expelling or removing sewage or offensive matter from any place ;
(18) “eating house” means any premises to which the public or any
sections of the public are admitted and where any kind of food is prepared
or supplied, for consumption on the premises or elsewhere, for the profit
or gain of any person owning or having an interest in or managing such
premises ;

(19) “essential services” means services in which any municipal officer,
servant or other person is employed by or on behalf of the Corporation and
which are specified in the rules ;

(20) “factory” means a factory as defined in the Factories Act, 1948 ;
(21) “filth” includes sewage, nightsoil and all offensive matter;
2[(21A)  “Finance  Commission”  means  the  Finance  Commission
constituted  in  accordance  with  the  provisions  of  article  243-I  of  the
Constitution of India;]

(22) “food” includes every article used for food or drink by man other
than drugs or water, and any article which ordinarily enters into or is used
in  the  composition  or  preparation  of  human  food,  and  also  include
confectionery, flavouring and colouring matter and spices and condiments;

(23) “form” means a form appended to the rules ;
(24) “frame building” means a building the external walls of which are
constructed of timber framing or iron framing and the stability of which
depends on such framing;

(25) “goods” includes animals;

1 Clause  (16B)  was  inserted  by  Mah.  2  of  2012,  s.  10.
2 Clause  (21A)  was  inserted  by  Mah.  41  of  1994,  s.  44(f).

63  of
1948.

1949 :   LIX]

Maharashtra  Municipal  Corporations  Act

17

(26) “house-drain” means any drain of, and used for the drainage of, one
or  more  buildings  or  premises  and  made  merely  for  the  purpose  of
communicating therefrom with a municipal drain ;

(27) “house-gully” or “service passage” means a passage or strip of land
constructed, set apart or utilised for the purpose of serving as a drain or of
affording access to a privy, urinal, cesspool or other receptacle for filthy or
polluted matter, to municipal servants or to persons employed in the
cleaning thereof or in the removal of such matter therefrom ;

(28) “hut” means any building which is constructed principally of wood,
mud, leaves, grass, cloth or thatch and includes any temporary structure
of whatever size or any small building of whatever material made which
the Corporation may declare to be hut for the purposes of this Act;

1[(28A) “ importer ’’ means a person who brings or causes to be brought
any goods into the limits of the City from any place outside the area of the
City for use, consumption or sale therein ;]

(29) “the Judge” means in the 2[City of 3[Pune], the Judge of the Court of
Small Causes, and in any other City, the Civil Judge (Senior Division)
having jurisdiction in the City];

(30) “land” includes land which is being built upon or is built upon or covered
with water, benefits to arise out of land, things attached to the earth or
permanently fastened to anything attached to the earth and rights created by
legislative enactment over any street;

4[(30A) “larger urban area” means an area specified as a larger urban area
in a notification issued under clause (2) of article 243-Q of the Constitution
of India or under the Act;]

(31) “licensed  plumber”,  “licensed  surveyor”,  “licensed  architect”,
“licensed engineer”, “licensed structural designer” and “licensed clerk of
works”, respectively, means a person licensed by the Corporation as a
plumber, surveyor, architect, engineer, structural designer or a clerk of
works under this Act;

5 ***
(32) “lodging house” means a building or part of a building where lodging
with  or  without  board  or  other  service  is  provided  for  a  monetary
consideration;

(33) “market” includes any place where persons assemble for the sale
of, or for the purpose of exposing for sale, live-stock or food for live-stock
or meat, fish, fruit, vegetables, animals intended for human food or any other
articles of human food whatsoever with or without the consent of the owner
of such place, notwithstanding that there may be no common regulation of
the concourse of buyers and sellers and whether or not any control is
exercised over the business of or the persons frequenting the market by
the owner of the place or any other person ;

1 Clause  (28A)  was  inserted  by  Mah.  3  of  1996,  s.  2(d).
2 These  words  were  substituted  for  the  words  “Cities  of  Ahmedabad  and  Poona”  by  the  Maharashtra

Adaptation  of  Laws  (State  and  Concurrent  Subjects)  Order,  1960.

3 This  word  was  substituted  for  the  word  “Poona”  by  Mah.  6  of  1989,  s.  2.
4 Clause  (30A)  was  inserted  by  Mah.  41  of  1994,  s.  44(g).
5 Clause  (31A)  was  deleted  by  Mah.  42  of  2017,  s.  32.

18

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

(34)

“masonry building” means any building other than a frame building
or a hut and includes any structure a substantial part of which is made of
masonry or of steel, iron or other metal ;

(35) “municipal drain” means a drain vested in the Corporation ;

(36) “municipal market” means a market vested in or managed by the

Corporation ;

(37) “municipal slaughter house” means a slaughter house vested in or

managed by the Corporation ;

(38) “municipal tax” means any impost levied under the provisions of

this Act;

(39) “municipal water-works” means water-works belonging to or vesting

in the Corporation ;

(40) “nuisance” includes any act, omission, place or thing which causes
or is likely to cause injury, danger, annoyance or offence to the sense of
sight, smell or hearing or which is or may be dangerous to life or injurious
to health or property ;

(41) “occupier” includes,—

(a) any person who for the time being is paying or is liable to pay to
the owner the rent or any portion of the rent of the land or building in
respect of which such rent is paid or is payable,

(b) an owner living in or otherwise using his land or building,

(c) a rent-free tenant,

(d) a licensee in occupation of any land or building, and

(e) any person who is liable to pay to the owner damages for the use

and occupation of any land or building;
1 ***

(43) “ offensive matter “ includes animal carcasses, dung, dirt and putrid

or putrifying substances other than sewage ;

(44) “official year 2[or year]” means the year commencing on the first day

of April;

(45) “owner “ means,—

(a) when used with reference to any premises, the person who receives
the rent of the said premises, or who would be entitled to receive the
rent thereof if the premises were let and includes,—

(i) an agent or trustee who receives such rent on account of the

owner,

(ii) an agent or trustee who receives the rent of, or is entrusted with
or concerned for, any premises devoted to religious or charitable
purposes,

1 Clause  (42)  was  deleted  by  Mah.  42  of  2017,  s.  32.

2 These  words  were  inserted  by  Mah.3  of  1996,  s.  2(f ).

1949 :   LIX]

Maharashtra  Municipal  Corporations  Act

19

(iii) a receiver, sequestrator or manager appointed by any Court of
competent jurisdiction to have the charge of, or to exercise the rights
of an owner of, the said premises, and

(iv) a mortgagee in possession ; and

(b) when used with reference to any animal, vehicle or boat, includes

the person for the time being in charge of the animal, vehicle or boat;

(46) “premises” includes messuages, buildings and lands of any tenure
whether open or enclosed, whether built on or not and whether public or
private ;

1[(46A) “prescribed” means prescribed by rules ;]

(47) “private street” means a street which is not a public street;

(48) “privy” means a place set apart for defecating or urinating or both,
together with the structure comprising such place, the receptacle therein
for human excreta and fittings and apparatus, if any, connected therewith,
and includes a closet of the dry type, an aqua privy, a latrine and a urinal;

(49) “property tax” means a tax on buildings and lands in the City;

(50) “public place” includes any public park or garden or any ground to

which the public have or are permitted to have, access ;

(51) “ public securities” means,—

(a) securities of the Central Government or any 2[State] Government,

(b) securities, stocks, debentures or shares the interest whereon has

been guaranteed by the Central or the  2[State] Government,

(c) debentures or other securities for money issued by or on behalf of
any local authority in exercise of the powers conferred by any enactment
for the time being in force in any part of  3[the territory of India],

(d) securities expressly authorized by any order which the  2[State]

Government makes in this behalf ;

(52) “public street” means any street,—

(a) heretofore  levelled,  paved,  metalled,  channelled,  sewered  or

repaired out of municipal or other public fund, or

(b) which under the provisions of section 224 is declared to be, or under

any other provision of this Act becomes, a public street;

(53) “rack rent” means the amount of the annual rent for which the
premises with reference, to which the term is used might reasonably be
expected to let from year to year as ascertained for the purpose of fixing

the rateable value of such premises ;

1 Clause  (46A)  was  inserted  by  Mah.  3  of  1996,  s.  2(g).

2 This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws  Order,  1950.

3 This  portion  was  substituted  for  the  words  “  the  Dominion  of  India”,  by  the  Adaptation  of  Laws

Order,  1950.

H 610—6

20

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

(54) “rateable value” means the value of any building or land fixed in
accordance with the provisions of this Act and the rules for the purpose of
assessment to property taxes ;

1[(54A) “registered dealer” means a dealer registered under section 152F;]

(55) “regulation” means a regulation made under section 465 ;

(56) (a) a person is deemed to “reside” in any dwelling which, or some
portion of which, he sometimes uses, whether interruptedly or not as a
sleeping apartment, and

(b) a person is not deemed to cease to “reside” in any such dwelling
merely because he is absent from it or has elsewhere another dwelling in
which he resides if there is the liberty of returning to it at any time and no
abandonment of the intention of returning to it;

(57) “rubbish” includes dust, ashes, broken bricks, mortar, broken glass,
garden or stable refuse and refuse of any kind which is not offensive matter
or sewage;

(58) “rules” include rules in 2[Schedule D] and rules made under sections

454 and 456 ;

3[(59) “Schedule “ means Schedule appended to this Act ;]

4[(59A) “ scheduled bank” means a bank included in the Second Schedule

to the Reserve Bank of India Act, 1934 ;]

2  of
1934.

5[(59B) “Scheduled Castes” means such castes, races or tribes or parts
of, or groups within, such castes, races or tribes as are deemed to be the
Scheduled Castes in relation to the State of Maharashtra under article 341
of the Constitution of India;

(59C) “Scheduled Tribes” means such tribes or tribal communities or parts
of, or groups within, such tribes or tribal communities as are deemed to be
the Scheduled Tribes in relation to the State of Maharashtra under article
342 of the Constitution of India;]

(60) “sewage” means night-soil and other contents of water closets,
latrines, privies, urinals, cesspools, or drains and polluted water from sinks,
bath-rooms, stables, cattle-sheds and other like places, and includes trade
effluent and discharges from manufactures of all kinds ;

(61) “special fund” means a fund constituted under section 91;

(62) “standing order” means an order made under section 466 ;

6[(62A)  “State  Election  Commission”  means  the  State  Election
Commission consisting of the State Election Commissioner appointed in
accordance  with  the  provisions  of  clause  (1)  of  article  243-K  of  the
Constitution of India ;]

1 Clause  (54A)  was  inserted  by  Mah.  3  of  1996,  s.  2(h).

2 This  word  and  letter  was  substituted  for  the  words  “the  Schedule”  by  Mah.  3  of  1996,  s.  2(i).

3 Clause  59  was  substituted  by  Mah.  3  of  1996,  s.  2(j).

4 Clause  (59A)  was  inserted  by  Bom.  10  of  1953,  s.  2.

5 Clauses  (59B)  and  (59C)  were  inserted  by  Mah.  41  of  1994,  s.  44(h).

6 Clause  (62A)  was  inserted,  by  Mah.  41  of  1994,  s.  44(i).

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

21

(63) “ street ” includes any highway, and any causeway,  bridge, viaduct,
arch,  road,  lane,  footway,  sub-way,  court,  alley  or  riding  path  or  passage,
whether a thoroughfare or not, over which the public have a right of passage
or  access  or  have  passed  and  had  access  uninterruptedly  for  a  period  of
twenty years, and when there is a footway as well as a carriage way in any
street,  the  said  term,  includes  both ;

(64) “ sweetmeat  shop ”  means  any  premises  or  part  of  any  premises
used  for  the  manufacture,  treatment  or  storage  for  sale,  or  for  the  sale,
wholesale or retail of any icecream, confections or sweetmeats whatsoever,
for whomsoever intended, and by whatsoever name the same may be known,
and  whether  the  same  be  for  consumption  on  or  outside  the  premises ;

(65) “ theatre  tax ”  means  a  tax  on  amusements  or  entertainments ;

(66) “ trade  effluent ”  means  any  liquid  either  with  or  without  particles
of matter in suspension therein, which is wholly or in part produced in the
course of any trade or industry carried on at trade premises, and in relation
to  any  trade  premises,  means  any  such  liquid  as  aforesaid  which  is  so
produced in the course of any trade or industry carried on at those premises,
but  does  not  include  domestic  sewage ;

(67) “ trade premises ” means any premises used or intended to be used

for  carrying  on  any  trade  or  industry ;

(68) “ trade  refuse ”  means  and  includes  the  refuse  of  any  trade,

manufacture  or  business ;

(69) “ Transport  Manager ”  means  the  Transport  Manager  of  the
Transport Undertaking appointed under section 40 and includes an acting
Transport  Manager  appointed  under  section  41 ;

(70) “ Transport  Undertaking ”  means  all  undertakings  acquired,
organised,  constructed,  maintained,  extended,  managed  or  conducted  by
the  Corporation  for  the  purpose  of  providing  mechanically  propelled
transport facilities for the conveyance of the public and includes all movable
and  immovable  property  and  rights  vested  or  vesting  in  the  Corporation
for  the  purposes  of  every  such  undertaking ;

1  ***

(71) “ vehicle ” includes a carriage, a cart, van, truck, hand-cart, bicycle,
tricycle,  motor  car,  and  every  wheeled  conveyance  which  is  used  or  is
capable of  being used on a street ;

2[(71A) “ Wards  Committee ”  means  a  Wards  Committee  constituted

under section 29A of this Act;]

1 Clauses (70A), (70B) and (70C) were deleted by Mah. 42 of 2017, s. 32.
2 Clause (71A) was inserted by Mah. 41 of 1994, s. 44(j).

H 610—6a

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

(72) “ water closet ” means a closet which has a separate fixed receptacle

connected to a drainage system and separate provision for flushing from a

supply of clean water either by the operation of mechanism or by automatic

action ;

(73) “ water-connection ”  includes,—

(a) any tank, cistern, hydrant, stand-pipe, meter or tap situated on a

private  property  and  connected  with  a  water-main  or  pipe  belonging  to

the  Corporation ;  and

(b) the water-pipe connecting such tank, cistern, hydrant, stand-pipe,

meter  or  tap  with  such  water-main  or  pipes ;

(74) “ water-course ”  includes  any  river,  stream,  or  channel  whether

natural  or  artificial ;

(75) “ water  for  domestic  purposes ”  shall  not  include  water  for  cattle,

or  for  horses,  or  for  washing  vehicles,  when  the  cattle,  horses  or  vehicles

are  kept  for  sale  or  hire,  or  by  a  common  carrier,  and  shall  not  include

water for any trade, manufacture or business, or for building purposes, or

for watering gardens, or for fountains or for any ornamental or mechanical

purposes ;

(76) “ water-work ” includes a lake, stream, spring, well, pump, reservior,

cistern,  tank,  duct,  whether  covered  or  open,  sluice,  mainpipe,  culvert,

engine,  water-truck,  hydrant,  stand-pipe,  conduit,  and  machinery,  land,

building or thing for supplying or used for supplying water or for protecting

sources  of  water  supply.

2[Specification
of larger
urban areas
and
constitution of
Corporations.]

3.

1[(1) The Corporation for every City constituted under this Act existing

on the date of coming into force of the Maharashtra Municipal Corporations

and Municipal Councils (Amendment) Act, 1994, specified as a larger urban

area  in  the  notification  issued  in  respect  thereof  under  clause  (1)  of  article

243-Q  of  the  Constitution  of  India,  shall  be  deemed  to  be  a  duly  constituted

Municipal Corporation for the larger urban area so specified forming a City,

Mah.
XLI of
1994.

known by the name “ The Municipal Corporation of the City of ............... ”.

3[ (1A) The Corporation of the City of Nagpur incorporated under the City

of  Nagpur  Corporation  Act,  1948  for  the  larger  urban  area  specified  in  the

notification  issued  in  this  respect  under  clause  (2)  of  article  243-Q  of  the

Constitution  of  India  shall,  on  and  from  the  date  of  coming  into  force  of  the

Bombay  Provincial  Municipal  Corporations  (Amendment)  and  the  City  of

Nagpur Corporation (Repeal) Act, 2011, be deemed to have been constituted

under  this  Act  and  accordingly  the  provisions  of  this  Act  shall  apply  to  the

C.P. and
Berar II
of 1950.

Mah.
XXIII of
2012.

area of the City of Nagpur.]

1   Sub-sections  (1),  (2)  and  (2A)  were  substituted  by  Mah.  41  of  1994,  s.  45(a).

2 This  marginal  note  was  substituted  by  Mah.  41  of  1994,  s.  45(b)(iii).

3 This  sub-section  was  inserted  by  Mah.  23  of  2012,  s.  6.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

23

(2) Save as provided in sub-section (1), the State Government may, having

regard  to  the  factors  mentioned  in  clause  (1)  of  article  243-Q  of  the

Constitution of India, specify by notification in the Official Gazette, any urban

area with a population of not less than three lakhs as a larger urban area.

(2A) Every larger urban area so specified by the State Government under

sub-section (2), shall form a City and there shall be a Municipal Corporation

for such larger urban area known by the name of the ‘‘ Municipal Corporation

of the City of .............”.]

(3) 1[(a) 2[Subject to the provision of sub-section (2), the State Government]

may  also  from  time  to  time  after  consultation  with  the  Corporation  by

notification in the Official Gazette alter the limits specified for any city under

sub-section  (1)  or  sub-section  (2)  so  as  to  include  therein  or  to  exclude

therefrom,  such  area  as  is  specified  in  the  notification.]

3[(b) Where any area is included within the limits of the 4[larger urban area]

under  clause  (a),  any  appointments,  notifications,  notices,  taxes,  orders,

schemes, licences, permissions, rules, by-laws or forms made, issued, imposed

or  granted  under  this  Act  or  any  other  law,  which  are  for  the  time  being  in

force  in  the  5[larger  urban  area]  shall,  notwithstanding  anything  contained

in any other law for the time being in force but save as otherwise provided in

section 129A or any other provision of this Act, apply to and be in force in the

additional area also from the date that area is included in the 5[larger urban

area]].

(4) The power to issue a notification under this section shall be subject to

the  conditions  of  previous  publication :

6[Provided that, where the population of any urban area, in respect of which

a  Council  has  been  constituted  under  the  provisions  of  the  Maharashtra

Mah.
XL  of
1965.

Municipal  Councils,  Nagar  Panchayats  and  Industrial  Townships  Act,  1965,

as  per  the  latest  census  figures  has  exceeded  three  lakhs,  the  State

Government  may,  for  the  purpose  of  constituting  a  Corporation  under  this

Act for such urban area, with the same boundries, dispense with the condition

of  previous  publication  of  the  notification  under  this  section.]

3A.

7*

*

*

*

*

*

1   This  sub-section  was  re-numbered  as  clause  (a)  by  Mah.  29  of  1982,  s.  6.
2   These  words  were  substituted  for  the  words  “ The  State  Government ”  by  Mah.  41  of  1994,  s.

45(b)  (i).

3 This  sub-clause  was  added  to  sub-section  (3)  by  Mah.  29  of  1982,  s.  6.
4 These  words  were  substituted  for  the  word  “ City ”  by  Mah.  41  of  1994,  s.  41(b)(ii).
5 These  words  were  substituted  for  the  word  “ City ”  by  Mah.  41  of  1994,  s.  41(b)(iii).
6 This proviso was added by Mah. 42 of 2011, s.2.
7 Section 3A was deleted by Mah. 41 of 1994, s. 46.

24

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

Municipal
authorities
charged  with
execution  of
the  Act.

CHAPTER  II.

CONSTITUTION.

Municipal  Authorities.

4.

(1) The  municipal  authorities  charged  with  carrying  out  the

provisions  of  this  Act  are  for  each  City,

(A) a  Corporation ;

(B) a  Standing  Committee ;

1[(BA) Wards  Committees ;

(BB) a  Mayor ;  and]

(C) a  Municipal  Commissioner ;

and,  in  the  event  of  the  Corporation  establishing  or  acquiring  a  Transport
Undertaking,

(D) a  Transport  Committee ;

(E) a  Transport  Manager.

(2) The  duties  imposed  on  the  Corporation  in  respect  of  primary
education  shall  be  performed  in  accordance  with  the  provisions  of  the
*Bombay Primary Education Act, 1947, and for the purposes of the said
Act  the  Corporation  shall  be  deemed  to  be  an  authorised  municipality
within  the  meaning  of  the  said  Act  with  power  to  control  all  approved
schools  within  the  City,  and  to  appoint  an  Administrative  Officer.

Bom.
LXI  of
1947.

Constitution
of
Corporation.

5.

(1) Every  Corporation  shall,  by  the  name  of  the  “ The  Municipal
Corporation of the City of .................”, be a body corporate and have perpetual
succession and a common seal and by such name may sue and be sued.

2[(2) Each  Corporation  shall  consist  of,—

(a) such  number  of  councillors,  elected  directly  at  ward  elections,

as  is  specified  in  the  table  below :—

TABLE

Population
(1)

Number  of  Councillors
(2)

(i) Above 3 lakhs and upto The  minimum  number 

of 

elected

6 lakhs.

councillors  shall  be  65.

For  every  additional  population  of
15,000  above  3  lakhs,  one  additional
so
councillor 
however  that  the  maximum  number    of
elected  councillors  shall  not  exceed  85.

provided, 

shall 

be 

1 Clauses (BA) and (BB) were substituted by Mah. 7 of 2009, s. 5.

2 Sub-clause (2) was substituted by Mah. 41 of 1994, s. 48(a).

* Now, the short title has been amended as “the Maharashtra Primary Education Act (LXI of 1947)”

by Mah. 24 of 2012, ss. 2 and 3, Schedule, entry 28, with effect from the 1st May 1960.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

25

(1)

(2)

(ii) Above 6 lakhs and
upto 12 lakhs.

(iii) Above 12 lakhs and
upto 24 lakhs.

2[(iv) Above 24 lakhs

and upto 30 lakhs

(v) Above 30 lakhs

of 

of 

elected

elected

number 

number 

The  minimum 
councillors  shall  be  85.
For  every  additional  population  of  20,000  above
6  lakhs,  one  additional  Councillor  shall  be
provided, so however that the maximum  number
of  elected  Councillors  shall  not  exceed  115.
The  minimum 
councillors  shall  be  115.
For  every  additional  population  of  40,000  above
12  lakhs,  one  additional  Councillor  shall  be
provided,  so  however  that  the  maximum
number  of  elected  Councillors  1[shall  not  exceed
151.].
The  minimum  number  of  elected  Councillors
shall be 151.
For  every  additional  population  of  50,000  above
24  lakhs,  one  additional  Councillor  shall  be
provided, so however that the maximum number
of  elected  Councillors  shall  not  exceed  161.
The  minimum  number  of  elected  Councillors
shall be 161.
For  every  additional  population  of  1  lakh  above
30  lakhs,  one  additional  Councillor  shall  be
provided, so however that the maximum number
of  elected  Councillors  shall  not  exceed  175.].

(b) such number of nominated councillors not exceeding five, having
special  knowledge  or  experience  in  Municipal  Administration  to  be
nominated by the Corporation in such manner as may be prescribed].
(3) The  3[State  Election  Commissioner]  shall,  from  time  to  time,  by
notification  in  the  Official  Gazette,  specify  for  each  City  the  number  and
boundaries of the wards into which such City shall be divided for the purpose
of  the  ward  election  of  councillor  4[so  that  as  far  as  practicable,  all  wards
shall be compact areas and the number of persons in each ward according to
the latest census figures shall approximately be the same.] Each of the wards
shall  5[elect  only  one  Councillor ;]

6[Explanation.—For  the  purposes  of  this  Act,  the  expression  “latest

census  figures”  obtaining  in  sub-section  (3),  shall  mean,—

1   These  words  and  figures  were  substituted  for  the  words  and  figures  “ shall  not  exceed

145. ”,  by  Mah.  10  of  2017,  s.  2  (a).

2   Entries  (iv)  and  (v)  were  substituted  for  entry  (iv)  by  Mah.  10  of  2017,  s.  2  (b).
3   These  words  were  substituted  for  the  words  “State  Government”  by  Mah.  41  of  1994,

s.  48(b)(i).

4  These words were substituted for the portion beginning with the words “each ward shall
elect  not  less  than  three”  and  ending  with  the  words  “shall  approximately  be  the  same”
by  Mah.  16  of  2004,  s.  2.

5   These  words  were  substituted  for  the  words  “elect  as  far  as  possible  two  councillors  but
not less than two and not more than three Councillors, and each voter shall, notwithstanding
anything contained in this Act, be entitled to cast the same number of votes, as the number
of  Councillors  to  be  elected  in  his  ward ”  by  Mah.  10  of  2015,  s.  2.

6 This  Explanation  was  inserted  by  Mah.  8  of  2003,  s.  5(ii).

26

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

Mah.  IX
of  2017.

Mah.  XI
of  1996.

(a) the  figures  of  the  latest  census  finally  published  and  pending
publication of final figures of the latest census shall mean the provisional
figures  published  of  such  census ;  and

(b) where  the  relevant  final  or  provisional  figures  of  the  latest
census  are  not  available,  the  final  relevant  figures  of  the  census
immediately  preceding  the  latest  census :]
1[Provided that, after the commencement of the Maharashtra Municipal
Corporations  and  the  Maharashtra  Municipal  Councils,  Nagar  Panchayats
and  Industrial  Townships  (Amendment)  Act,  2016,  in  respect  of  the  general
elections  to  the  Corporation,  each  of  the  wards  shall  elect  as  far  as  possible
four  Councillors  but  not  less  than  three  and  not  more  than  five  Councillors,
and  each  voter  shall,  notwithstanding  anything  contained  in  this  Act,  be
entitled to cast the same number of votes, as the number of Councillors to be
elected  in  his  ward :]

2[3[Provided  further  that],  no  notification  issued  under  sub-section  (3),
whether  before  or  after  the  commencement  of  the  Maharashtra  Municipal
Corporations,  Municipal  Councils,  Nagar  Panchayats  and  Industrial
Townships  (Third  Amendment)  Act,  1995,  shall  have  effect  except  for  the
general  election  held  next  after  the  date  thereof  and  for  subsequent
elections :]
4*
5*
6[Provided  also  that  before  any  notification  is  issued  under  sub-section
(3),  a  draft  thereof  shall  be  published  in  the  Official  Gazette,  and  in  such
other manner as in the opinion of the  7[State Election Commissioner] is best
calculated  to  bring  the  information  to  the  notice  of  all  persons  likely  to  be
affected  thereby,  together,  with  a  notice  specifying  the  date  on  or  before
which any objections or suggestions will be received, and the date after which
the  draft  will  be  taken  into  consideration.]

*
*

*
*

*
*

*
*

*
*

8[(4) Notwithstanding anything contained in sub-section (3) or any other
provisions  of  this  Act,  where  the  area  of  a  City  has  been  extended  after  the
General  Elections,  an  election  to  provide  for  representation  to  the  people  of
the extended area may be held as soon as  practicable, and the provisions of
sub-section  (3)  shall, mutatis  mutandis,  apply  to  such  election :

Provided that, the total number of wards in the city including the wards
newly  constituted  for  the  extended  area  under  this  sub-section  shall  not
exceed  the  number  of  electoral  wards  specified  in  the  Table  in  clause  (a)  of
sub-section  (2) :

Provided  further  that,  the  population  of  the  wards  newly  constituted
under  this  sub-section  may  marginally  exceed  or  be  below  the  average
population  of  the  other  wards :

Provided  also  that,  the  terms  of  the  Councillors  elected  from  the  wards
newly constituted under this sub-section shall be co-terminus with the term
of  the  Corporation.

(5) No  elections  under  sub-section  (4)  shall  be  held  if  the  remainder  of

the  tenure  of  the  Corporation  is  less  than  one  year.]

1  This proviso was inserted by Mah. 9 of 2017, s. 2 (a).
2 This proviso was substituted for the existing first proviso by Mah. 11 of 1996, s. 41.
3   These  words  were  substituted  for  the  words  ‘‘  Provided  that ’’  by  Mah.  9  of  2017,

s. 2 (b).

4  The second proviso was deleted by Mah. 41 of 1994, s. 48 (b)(iii).
5  The Explanation and the third proviso were deleted, by Mah. 41 of 1994, s. 48(b)(iv).
6  This proviso was added by Mah. 26 of 1967, s. 2(b)(iii).
7  These words were substituted for the words ‘‘ State Government’’ by Mah. 41 of 1994,

s. 48 (b) (i).

8  Sub-sections (4) and (5) were added by Mah. 11 of 2002, s. 33.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

27

1[5A.

(1) (a) In the seats to be filled in by election in a Corporation, there
shall  be  seats  reserved  for  persons  belonging  to  the  Scheduled  Castes,
Scheduled Tribes, Backward Class of citizens and women, as may be determined
by  the  State  Election  Commissioner,  in  the  prescribed  manner ;

Reservation
of seats.

(b) the  seats  to  be  reserved  for  the  persons  belonging  to  the  Scheduled
Castes  and  the  Scheduled  Tribes  in  a  Corporation  shall  bear,  as  nearly  as
may  be,  the  same  proportion  to  the  total  number  of  seats  to  be  filled  in  by
direct election in the Corporation as the population of the Scheduled Castes
or, as the case may be, the Scheduled Tribes in that Corporation area bears
to the total population of that area and such seats shall be allotted by rotation
to  different  electoral  wards  in  a  Corporation :

Provided  that,  2[one-half]  of  the  total  number  of  seats  so  reserved  shall
be reserved for women belonging to the Scheduled Castes or, as the case may
be,  the  Scheduled  Tribes :

Provided further that, where only one seat is reserved for the Scheduled
Castes,  or  as  the  case  may  be,  the  Scheduled  Tribes,  then  no  seat  shall  be
reserved  for  women  belonging  to  the  Scheduled  Castes,  or  as  the  case  may
be,  the  Scheduled  Tribes  3*

*.

(c) the  number  of  seats  to  be  reserved  for  persons  belonging  to  the
category of Backward Class of citizens shall be twenty-seven per cent. of the
total  number  of  seats  to  be  filled  in  by  election  in  a  Corporation  and  such
seats shall be allotted by rotation to different electoral wards in a Corporation ;

Provided  that,  4[one-half]  of  the  total  number  of  seats  so  reserved  shall
be reserved for women belonging to the category of Backward Class of citizens.

(d) 5[one-half]  (including  the  number  of  seats  reserved  for  women
belonging  to  the  Scheduled  Castes,  Scheduled  Tribes  and  the  category  of
Backward  Class  of  citizens)  of  the  total  number  of  seats  to  be  filled  in  by
direct  election  in  a  Corporation  shall  be  reserved  for  women  and  such  seats
shall  be  allotted  by  rotation  to  different  electoral  wards  in  a  Corporation  :

6[(e) Notwithstanding anything contained in clauses (a) to (d), the State
Election  Commissioner  may,  by  an  order,  issue  instructions  for  rotation  of
wards reserved for the Scheduled Castes, Scheduled Tribes, Backward Class
of  citizens  and  women  in  Corporations  where  the  number  of  wards  have
changed  after  the  general  elections  for  whatever  reasons.]

(2) The reservation of seats (other than the reservation for women) under
clause (b) of sub-section (1), shall cease to have effect on the expiration of the
period  specified  in  article  334  of  the  Constitution  of  India.]

1 Section  5A  was  inserted  by  Mah.  41  of  1994,  s.  49.

2 These  words  were  substituted  for  the  words  “one-third”  by  Mah.  20  of  2011,  s.  3(1)(a).

3 The words “ and where only two seats are reserved for the Scheduled Castes, or as the case
may be, the Scheduled Tribes, one of the two seats shall be reserved for women belonging
to Scheduled Castes, or as the case may be, the Scheduled Tribes ” were deleted by Mah.
20  of  2011,  s.  3(1)(b).

4 These  words  were  substituted  for  the  words  “one-third”  by  Mah.  20  of  2011,  s.  3(2).

5 These  words  were  substituted  for  the  words  “one-third”  by  Mah.  20  of  2011,  s.  3(3).

6 This  clause  was  added  by  Mah.  11  of  2002,  s.  34.

H  610—7

28

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

Mah.
XXIII of
2001.

Mah.
XXI of
2018.

Person
contesting
election for
reserved seat
to  submit
Caste
Certificate
and Validity
Certificate.

1[5B. Every  person  desirous  of  contesting  election  to  a  seat  reserved
for the Scheduled Castes, Scheduled Tribes or, as the case may be, Backward
Class of citizens, shall be required to submit, alongwith the nomination paper,
Caste  Certificate  issued    by  the  Competent  Authority  and  the  Validity
Certificate  issued  by  the  Scrutiny  Committee  in  accordance  with  the
provisions  of  the  Maharashtra  Scheduled  Castes,  Scheduled  Tribes,  De-
notified  Tribes  (Vimukta  Jatis),  Nomadic  Tribes,  Other  Backward  Classes
and Special Backward Category (Regulation of Issuance and Verification of )
Caste  Certificate  Act,  2000.]

*

*

2*
3[ 4[Provided  that,  for  the  General  or  bye-elections  for  which  the  last
date  of  filing  of  nomination  falls  during  the  period  commencing  on  the  date
of  commencement  of  the  Mumbai  Municipal  Corporation,  the  Maharashtra
Municipal  Corporations  and  the  Maharashtra  Municipal  Councils,  Nagar
panchayats and Industrial Townships (Amendment) Act, 2018 and ending on
the 30th June 2019, in accordance with the election programme declared by
the  State  Election  Commission,  a  person  who  has  applied  to  the  Scrutiny
Committee  for  the  verification  of  his  Caste  Certificate  before  the  date  of
filling the nomination papers but who has not received the validity certificate
on  the  date  of  filing  of  the  nomination  papers  shall  submit,  alongwith  the
nomination  papers,—

(i) a  true  copy  of  the  application  preferred  by  him  to  the  Scrutiny
Committee  for  issuance  of  the  validity  certificate  or  any  other  proof  of
having  made  such  application  to  the  Scrutiny  Committee ;  and

(ii) an  undertaking  that  he  shall  submit,  within  a  period  of  six
months  from  the  date  of  his  election,  the  validity  certificate  issued  by
the  Scrutiny  Committee :]
Provided  further  that,  if  the  person  fails  to  produce  the  validity
certificate  within  a  period  of  six  months  from  the  date  of  his  election,  his
election  shall  be  deemed  to  have  been  terminated  retrospectively  and  he
shall  be  disqualified  for  being  a  Councillor.]

Duration of
Corporation.

5[6.

(1) Every  Corporation  unless  sooner  dissolved  shall  continue  for
a  period  of  five  years  from  the  date  appointed  for  its  first  meeting  and  no
longer.

Term of office
of Councillors.

Election to
constitute a
Corporation.

(2) A  Corporation  constituted  upon  the  dissolution  of  a  Corporation
before  the  expiration  of  its  duration  shall  continue  for  the  remainder  of  the
period for which the dissolved Corporation would have continued under sub-
section (1)  had  it  not  been  so  dissolved.]

6[6A. The term of office of the Counillors shall be co-terminus with the

duration  of  the  Corporation.

6B. An  election  to  constitute  a  Corporation  shall  be  completed,—
(a) before the expiry of its duration specified in sub-section (1) of section

6 ; or

(b) before  the  expiration  of  a  period  of  six  months  from  the  date  of  its

dissolution :

Provided that, where the remainder of the period for which the dissolved
Corporation  would  have  continued  is  less  than  six  months,  it  shall  not  be
necessary  to  hold  any  election  under  this  section  for  constituting  the
Corporation  for  such  period.]

Resignation of
office by
Councillor.

7. Any Councillor may resign his office at any time by notice in writing
to the Commissioner and, on such notice being given, his office shall become
vacant as from the date of the notice.

7-A1.

7*

*

*

*

*

*

1  Section 5B was inserted by Mah. 35 of 2006, s. 4.
2  Provisos were deleted by Mah. 13 of 2008, s. 3.
3  These provisos were added by Mah. 13 of 2015, s. 4.
4  This proviso was substituted by Mah. 21 of 2018, s. 4.
5 Section 6 was substituted by Mah. 41 of 1994, s. 50.
6 Sections 6A and 6B were inserted by Mah. 41 of 1994, s. 51.
7 Section 7-A1 was deleted by Mah. 41 of 1994, s. 52.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

29

Municipal  Election  Roll.

1[7A. The Assembly roll for the time being in force, on such date as the
State  Election  Commissioner  may,  by  general  or  special  order  notify,  shall
be  divided  by  the  State  Election  Commissioner  into  different  sections
corresponding  to  the  different  wards  in  the  City,  and  a  printed  copy  of  each
section  of  the  roll  so  divided  and  authenticated  by  the  State  Election
Commissioner or an officer authorised by him, shall be the ward roll for each
ward.]

Preparation of
Municipal
Election roll.

2[7AA.

  *

7AAA.

*

*

*

*

*

*

*

*

*

*

*

]

3[7B. Every  person  whose  name  is  included  in  any  ward  roll  shall  be

deemed  to  be  enrolled  in  the  municipal  elelction  roll.]

Enrolment in
municipal
election roll.

Qualifications  and  disqualifications  of  voters  and  councillors.

4[8. Every  person  whose  name  is  5[in  a  ward  roll,]  shall  be  deemed  to
be entitled to vote at the ward election, and every person whose name is not
in the said roll shall be deemed to be not entitled so to vote.]

Persons
qualified to
vote.

6[8A. The voting at an election shall be by ballot or by electronic voting

machine and no votes shall be received by proxy.]

9.

(1) Subject to the provisions of this Act,  7[a person who  8[is not less
than  twenty-one  years  of  age  on  the  last  date  fixed  for  making  nominations
for  any  general  election  or  bye-election  and]  is  enrolled  in  the  municipal
election roll as a voter for award] shall be qualified to be a councillor and to
be  elected  either  from  such  ward  or  from  any  other  ward.

(2) Any  person  who  ceases  to  be  a  councillor  shall,  if  qualified  under

sub-section  (1),  be  eligible  for  re-election  as  such.

Manner of
voting.

Qualification
for election as
councillor.

10.

(1) Subject  to  the  provisions  of  sections  13,  9*  and  404,  a  person
shall  be  disqualified  for  being  elected  and  for  being  a  councillor,  if  such
person—

Disqualifica-
tion for being
a councillor.

Mah.
XIII of
1971.

45 of
1860.

10[(ai) has,  at  any  time  after  the  commencement  of  section  5  of  the
Maharashtra Municipal Corporations (Amendment) Act, 1970, been convicted
of an offence punishable under section 153A or sub-section (2) or (3) of section
505 of the Indian Penal Code :

Provided  that,  such  disqualification  shall  be  for  a  period  of  six  years

from the date of such conviction ; ]

11[(aii) has been so disqualified by or under any law–

(i) for  the  time  being  in  force  for  the  purpose  of  elections  to  the

Legislature of the State :

1 Section 7A was substituted by Mah. 11 of 1996, s. 5.
2  Section 7AA and 7AAA were deleted by Mah. 11 of 1996, s. 6.
3  Section 7B was substituted by Mah. 53 of 1973, s. 7.
4 Section 8 was substituted for the original by Mah. 34 of 1965, s. 5.
5  These words were substituted by Mah. 20 of 1980, s. 8.
6  This section was inserted by Mah. 5 of 2005, s. 3.
7  These words were substituted by Mah. 20 of 1980, s. 9.
8 These words were inserted by Mah. 12 of 1990, s. 7.
9  The figures “17” were deleted by Mah. 34 of 1965, s. 4.
10  Clause (ai) was inserted by Mah. 13 of 1971, s. 5.
11  Clauses (aii) and (a) were substituted for clause (a) by Mah. 41 of 1994, s. 55.

H 610—7a

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

Provided that, no person shall be disqualified on the ground that he is
less than twenty-five years of age, if has attained the age of twenty-one
years ;

(ii) made by the Legislature of the State of Maharashtra; or

(a) has been convicted by a Court in India of any offence involving moral
turpitude,  unless  a  period  of  six  years  has  elapsed  since  the  date  of  such
conviction  ;  or]

(b) is  an  undischarged  insolvent;
(c) holds the office of Commissioner or any other office or place of profit

under  the  Corporation  ;

(d) is a licensed surveyor, architect or engineer, structural designer, clerk
of works or plumber or a member of a firm of which any such licensed person
is a member ;

(e) holds any judicial office with jurisdiction within the limits of the City;
(f)  subject  to  the  provisions  of  sub-section  (2),  has  directly  or  indirectly
by himself or his partner any share or interest in any contract or employment
with, by or on behalf of the Corporation ;

(g)  having  been  elected  a  councillor  is  retained  or  employed  in  any
professional  capacity  either  personally  or  in  the  name  of  a  firm  in  which  he
is  a  partner  or  with  whom  he  is  engaged  in  a  professional  capacity  in
connection  with  any  cause  or  proceeding  in  which  the  Corporation  or  the
Commissioner  or  the  Trnasport  Manager  is  interested  or  concerned  ;  or

(h)  fails  to  pay  arrears  of  any  kind  due  to  the  Corporation  by  him
otherwise than as a trustee within three months after a special notice in this
behalf has been served on him by the Commissioner ;

1[(i) has more than two children:
Provided  that,  a  person  having  more  than  two  children  on  the  date  of
commencement  of  the  Maharashtra  Municipal  Corporations  and  Municipal
Councils, Nagar Panchayats and Industrial Townships (Second Amendment)
Act,  1995  (hereinafter  in  this  clause  referred  to  as  “  the  date  of  such
commencement”),  shall  not  be  disqualified  under  this  clause  so  long  as  the
number  of  children  he  had  on  the  date  of  such  commencement  does  not
increase  :

Provided  further  that,  a  child  or  more  than  one  child  born  in  a  single
delivery  within  the  period  of  one  year  from  the  date  of  such  commencement
shall  not  be  taken  into  consideration  for  the  purpose  of  disqualification
mentioned  in  this  clause.

Explanation.—For the purposes of this clause,—

(i) where a couple has only one child on or after the date of such com-
mencement, any number of children born out of a single subsequent de-
livery shall be deemed to be one entity;

(ii)  ‘‘child’’ does not include an adopted child or children ;]

2[(j) is a Member of the State Legislature or of Parliament :
Provided  that,  nothing  in  this  clause  shall  affect  the  membership  of  a
sitting  Councillor  till  the  expiry  of  his  current  term  of  office  as  such
Councillor  :

Provided  further  that,  any  action,  taken  by  such  Councillor  during  the
period from the 7th October 2001 till the 20th October 2001, being the date of
publication  of  the  Maharashtra  Municipal  Corporations  and  Municipal
Councils  (Amendment)  (Amendment)  Ordinance,  2001,  shall  be  deemed  to
have been validly taken and shall not be challenged in any court of law only
on  the  ground  that  during  the  said  period  he  had  incurred  disqualification
under  this  clause ;]

1  Clause  (i)  was  added  by  Mah.  43  of  2000,  s.  3.
2  Clause  (j)  was  inserted  by  Mah.  8  of  2002,  s.  6.

Mah.
XLIII of
2000.

Mah.
Ord.
XXXI  of
2001.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

31

1[(k)  he  has  failed  to  submit  to  the  Corporation  a  certificate  of  the
2[or  a  self-certificate  by  such

Ward  Officer  of  the  concerned  corporation
person],  certifying  that,—

(i)  resides  in  a  house  owned  by  him  and  has  a  toilet  in  such  house

and  he  regularly  uses  such  toilet ;  or

(ii) he resides in a house not owned by him and has a toilet in such
house and he regularly uses it or he has no such toilet but regularly uses
the  community  or  public  toilet :

Mah.
XIX of
2016.

Provided  that,  no  Councillor  on  the  date  of  commencement  of  the
Maharashtra  Municipal  Corporations  and  the  Maharashtra  Municipal
Councils, Nagar Panchayats  and Industrial Townships (Fourth Amendment)
Act, 2015, shall be disqualified under this clause, if he submits such certificate,
within  a  period  of  one  hundred  eighty  days  from  the  date  of  such
commencement :

Provided  further  that,  if  the  Ward  Officer  fails  to  take  the  decision  in
respect  of  such  application  within  a  period  of  thirty  days  from  the  date  of
receipt  of  the  application ;  the  application  shall  be  deemed  to  have  been
granted  and  the  Ward  Officer  shall  issue  such  certificate  accordingly.]

3[(1-1A) If,  a  Councillor  or  a  peson  is  found  to  be  guilty  of  misconduct  in
the discharge of his official duties, or of any disgraceful conduct while holding
or  while  he  was  holding  the  office  of  the  Mayor  or,  as  the  case  may  be,  the
Deputy  Mayor,  the  State  Government  may,  after  giving  such  Councillor  or
person  a  reasonable  opprotunity  of  being  heard,—

(a) disqualify  such  Councillor  to  continue  as  a  Councillor  for  the
reminder of his term of office as a Councillor ; and also for being elected
as  a  Councillor  for  a  period  of  six  years  from  the  date  of  order  of  such
disqualification  ;

(b) disqualify such person for being elected as a Councillor for a period

of  six  years  from  the  date  of  order  of  such  disqualification.]

Mah.  XX
of 1987.

4[(1A) A person shall be disqualified for being a Councillor, if such person
has, at any time during the term of his office, become disqualified, under the
Maharashtra  Local  Authority  Members’  Disqualification  Act,  1986  for  being
a  Councillor.]
6 *

5[

*

*

7[(1B) (a) A person person shall be disqualified for being a Councillor, or
for contesting an election for being elected as a councillor, for a period of six
years, if, an order is passed by the concerned authority, under section 12 or,
as  the  case  may  be,  section  16,  holding  that  such  person  was  elected  as  a
Councillor  to  a  seat  which  was  reserved  for  a  member  belonging  to  a
Scheduled  Caste,  a  Scheduled  Tribe  or  a  Backward  Class  of  Citizens
(hereinafter referred to as “ a reserved category ”) on the basis of false claim
or  a  false  Caste  Certificate  declaring  that  such  person  belonged  to  such
reserved  category.

(b)  Such  period  of  disqualification  shall  be  computed  with  effect  from

the  date  of  passing  of  such  order  by  the  concerned  authority.

(1C)  (a)  Notwithstanding  anything  contained  in  sub-section  (1B),  a
Concillor who has been elected to a reserved seat as mentioned in sub-section
(1B),  shall  be  disqualified  for  being  such  Councillor  consequent  upon  the
concerned Scrutiny Committee constituted under sub-section (1) of section 6
of the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified (Vimukta

1 Clause (k) was added by Mah. 19 of 2016, s. 3.
2 These words were inserted by Mah. 52 of 2017, s. 3.
3 Sub-section (1-1A) was inserted by Mah. 32 of 2011, s. 16.
4 Sub-section (1A) was inserted by Mah. 20 of 1987, s. 11, Sch.
5 Sub-sections (1B), (1C) and (1D) were inserted by Mah. 11 of 2002, s. 35.
6 Sub-sections (1B) and (1C) were deleted by Mah. 35 of 2006, s. 5.
7 Sub-sections (1B) and (1C) were inserted by Mah. 43 of 2015, s. 3.

 
32

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

Mah.
XXIII  of
2001.

Mah.
XXXVII
of 1966.

Jatis),  Nomadic  Tribes,  Other  Backward  Classes  and  Special  Backward
Category  (Regulation  of  Issuance  and  Vertification  of)  Caste  Certificate  Act,
2000  or  any  other  competent  authority  specified  by  the  State  Government
for  the  purpose  of  scrutiny  of  the  Caste  Certificates,  declaring  the  Caste
Certificate of such Councillor to be invalid and cancelleing the same, on the
ground  of  the  same  having  been  based  on  a  false  claim  or  declaration  made
by  such  person  claiming  to  be  belonging  to  the  reserved  category,  and
thereupon  the  Councillor  shall  be  deemed  to  have  vacated  his  office  on  and
from the date of declaration of such Certificate to be invalid and cancellation
of the same by the said Scrutiy Committee or by the competent authority.

(b)  On  any  person  having  been  disqualified  for  being  a  Councillor  and
consequently, his seat as such Councillor having become vacant under clause
(a),  the  State  Government  shall,  by  notification  in  the  Official  Gazette,
disqualify such person for being elected or being a Councillor for a period of
six years from the date of such order.]

(1D) A  Councillor  shall  be  disqualified  for  being  a  Councillor,  if  such
Councillor  has  constructed  or  constructs  by  himself,  his  spouse  or  his
dependent,  any  illegal  or  unauthorised  structure  violationg  the  provisions
of this Act or the Maharashtra Regional and Town Planning Act, 1966 or the
rules  or  bye-laws  framed  under  the  said  Acts  ;  or  has  directly  or  indirectly
been responsible for, or helped in his capacity as such Councillor in, carrying
out such illegal or unauthorised construction or has by written communication
or  physically  obstructed  or  tried  to  obstruct,  any  Competent  Authority  from
discharging  its  official  duty  in  demolishing  any  illegal  or  unauthorised
structure.  Such  disqualification  shall  be  for  the  reminder  of  his  term  as  a
Councillor  from  the  date  of  the  declaration  of  such  structure  to  be  illegal  or
unauthorised  by  the  concerned  authority  under  the  provisions  of  the  said
Acts  or,  as  the  case  may  be,  from  the  date  of  commission  of  the  act  of
interference  or  obstruction  by  the  Councillor  against  the  Competent
Authority.]

1[(1E) If  the  State  Election  Commission  is  satisfied  that  a  person,—

(a) has  failed  to  lodge  an  account  of  election  expenses  within  the
time and in the manner required by the State Election Commission, and

(b) has  no  good  reason  or  justification  for  such  failure,

the  State  Election  Commission  may,  by  order  published  in  the  Official
Gazette,  declare  him  to  be  disqualified  and  such  person  shall  be
disqualified for being a Councillor or for contesting an election for being
a  Councillor  for  a  period  of  three  years  from  the  date  of  the  order.
(1F) The  State  Election  Commission  may,  for  reasons  to  be  recorded,
remove  any  disqualification  under  sub-section  (1E)  or  reduce  the  period  of
any  such  disqualification.]

(2) A person shall not be deemed to have incurred disqualification under

clause (f) of sub-section (1) by reason only of his,—

(a) receiving  a  municipal  pension  ;
2[(aa) any  relation  being  employed  with  by  or  on  behalf  of  the

Corporation,  as  an  officer  or  servant  thereof  ;]

(b) having  any  share  or  interest  in  any  lease,  sale,  exchange  or

purchase of land or any agreement for the same,—

(i) any lease, sale, exchange or purchase of land or any agree-

ment for the same ;

(ii) any  agreement  for  the  loan  of  money  or  any  security  for

the payment of money only ;

(iii) any newspaper in which any advertisement relating to the

affairs  of  the  Corporation  is  inserted  ;

1 Sub-sections (1E) and (1F) were inserted by Mah. 12 of 2008, s. 3.
2 Clause (aa) was inserted by Mah. 35 of 1967, s. 4.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

33

(iv) any  joint  stock  company  or  any  society  registered  or
deemed  to  be  registered  under  the  Bombay  Co-operative  Societies
Act,  1925*  which  shall  contract  with  or  be  employed  by  the  Com-
missioner or the Transport Manager on behalf of the Corporation ;
(v) the  occassional  sale  to  the  Comissioner  or  Transport  Man-
ager  on  behalf  of  the  Corporation  of  any  article  in  which  he  regu-
larly  trades  to  a  value  not  exceeding  in  the  aggregate  in  any  one
official  year  two  thousand  rupees  ;  or

(vi) the occassional letting out on hire to the Corporation or in
the  hiring  from  the  Corporation  of  any  article  for  an  amount  not
exceeding  in  the  aggregate  in  any  one  official  year  five  hundred
rupees  ;

(c) occupying  as  a  tenant  for  the  purpose  of  residence  any  premises

belonging  to  the  Corporation  ;  or

(d) receiving  conveyance  charges  as  a  member  of  the  Transport

Committee.

11. A  Councillor  shall  cease  to  hold  office  as  such  if  at  any  time  during

his  term  of  office  he—

(a) becomes  disqualified  for  being  a  Councillor  by  reason  of  the

provisions  of  section  10  ;

(b) absents  himself  during  three  successive  months  from  the
meetings  of  the  Corporation,  except  from  temporary  illness  or  other
cause  to  be  approved  by  the  Corporation  ;

(c) absents himself from, or is unable to attend, the meetings of the
Corporation  during  six  successive  months  from  any  cause  whatever,
whether  approved  by  the  Corporation  or  not  ;

(d) acts  as  a  Councillor  or  as  a  member  of  any  committee  of  the
Corporation  by  voting  on,  or  taking  part  in  the  discussion  of,  or  asking
any question concerning, any matter in which he has directly or indirectly
by  himself  or  his  partner  any  such  share  or  interest  as  is  described  in
clause (b) of sub-section (2) of section 10 or in which he is professionally
interested  on  behalf  of  a  client,  principal  or  other  person.

Disabilities
from
continuing as
Councillor.

12.

(1) If any doubt or dispute arises whether a Councillor has ceased
to hold office as such under section 11, such Councillor or any other Councillor
may,  and  at  the  request  of  the  Corporation,  the  Commissioner  shall,  refer
the  question  to  the  Judge.

Questions as
to  disqualifi-
cation to be
determined
by the Judge.

(2) On a reference being made to the Judge under sub-section (1),  such
Councillor shall not be deemed to be disqualified until the Judge after holding
an  inquiry  in  the  manner  provided  by  or  under  this  Act  determines  that  he
has  ceased  to  hold  office.

1[13.

(1) (a) The  State  Government  may,  on  its  own  motion  or  on  the
recommendation  of  the  Corporation,  remove  any  Councillor  from  office,  if
such  Councillor  has  been  guilty  of  any  misconduct  in  the  discharge  of  his
duties,  or  of  any  disgraceful  conduct,  during  his  current  term  of  office  or
immediately  preceding  term  of  office  as  a  Councillor.

Liability of
Councillors to
removal from
office.

(b) The  State  Government  may,  on  the  recommendation  of  the
Corporation supported by the vote of not less than three-fourths of the whole
number  of  Councillors,  remove  any  Councillor  from  office,  if  such  Councillor
has, in the opinion of the State Government, become incapable of performing
his  duties  as  a  Councillor.

* See  now  the  Maharashtra  Co-operative  Societies  Act,  1960  (Mah.  XXIV  of  1961).
1 Section 13 was substituted by Mah. 3 of 2008, s. 4.

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

(2) No  resolution  recommending  the  removal  of  a  Councillor  for  the
purposes  of  sub-section  (1)  shall  be  passed  by  a  Corporation  and  no  order
shall  be  made  by  the  State  Government,  unless  the  Councillor  to  whom  it
relates  has  been  given  a  reasonable  opportunity  of  showing  cause  why  such
recommendation or order, as the case may be, should not be made :

Provided  that,  no  order  of  removal  of  councillor  shall  be  made  by  the
State  Government  on  its  own  motion,  unless  the  Corporation  is  given  one
month’s time for taking necessary action in the matter.

(3) In every case in which the State Government makes an order under
sub-section (1), the Councillor shall be disqualified for being a Councillor, or
from  becoming  a  Councillor,  or  a  Councillor  or  member  of  any  other  local
authority,  for  a  period  of  five  years  from  such  date  as  may  be  specified  in
such order, unless the State Government relieves him of the disqualification
by an order which it is hereby empowered  to make.

(4) If any doubt or dispute arises as to the removal and  disqualification
of a Councillor under this section, such Councillor may, and at the request of
the  Corporation,  the  Commissioner  may,  make  reference  to  the  Judge.]

State  Election
Commission.

1[14.

(1) The superintendence, direction and control of the preparation
of  electoral  rolls  for,  and  the  conduct  of,  all  elections  to  the  Corporations
shall  vest  in  the  State  Election  Commissioner.

Election of Councillors.

(2) The  State  Election  Commissioner  may  by  order,  delegate  any  of  his
powers and functions to any officer of the State Election Commission or any
officer  of  the  State  Government  not  below  the  rank  of  Deputy  Collector  or
any officer of the Corporation not below the rank of the Assistant Municipal
Commissioner.

(3) All  the  officers  and  members  of  the  staff  appointed  or  deployed  for
preparation  of  electoral  rolls  and  conduct  of  election  of  Corporations  under
this Act or the rules shall function under the superintendence, direction and
control  of  the  State  Election  Commissioner.

(4) Notwithstanding  anything  contained  in  this  Act  and  the  rules,  the
State  Election  Commissioner  may  issue  such  special  or  general  orders
or  directions  which  may  not  be  inconsistent  with  the  provisions  of  the
Act  and  the  rules  for  fair  and  free  elections.]

2[14A.  The  State  Election  Commissioner  may,  with  a  view  to  prevent
impersonation of electors at the time of election, issue such directions, as he
thinks fit to the presiding officers and such directions may include instructing
the electors to produce, at the time of polling, the photo identity cards issued
to them under the provisions of the Representation of the Peoples Act, 1951.]

43 of
1951.

15.

(1)  In  the  event  of  non-acceptance  of  office  by  a  person  elected
to  be  a  Councillor,  or  of  the  death,  resignation,  disqualification  or  removal
of  a  Councillor  during  his  term  of  office,  there  shall  be  deemed  to  be  a
casual  vacancy  in  the  office,  and  such  vacancy  shall  be  filled  as  soon  as
conveniently  may  be,  3  *
*  by  the  election  of  a  person  thereto,
who shall hold office so long only as the councillor in whose place he is elected
would  have  been  entitled  to  hold  it  if  the  vacancy  had  not  occurred :

*

*

*

1 Section  14  was  substituted  by  Mah.  41  of  1994,  s.  56.

2 New  section  14A  was  inserted  by  Mah.  44  of  1994,  s.  5.

3 The  portion  beginning  with  the  words  “and,  in  any  case”  and  ending  with  the  words  “as  occurred”  was

deleted  by  Mah.  41  of  1994,  s.  57(a).

Power of State
Election
Commissioner
to issue
directions to
prevent
impersonation.

Casual
vacancies how
to be filled.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

35

Provided that, no election shall be held for the filling of a casual vacancy
if  general  elections  are  due  to  be  held  within  six  months  of  the  occurrence
of  the  vacancy  1  *

* *.

*

*

Election
petitions.

2 *

*

*

*

*

*

(2)  The  provisions  of  section  18  shall  apply  to  an  election  held  for  the

filling of a casual vacancy.

16.

(1)  If  the  qualification  of  any  person  declared  to  be  elected  a
Councillor  is  disputed,  or  if  the  validity  of  any  election  is  questioned,
whether  by  reason  of  the  improper  rejection  by  the  3[State  Election
Commissioner]  of  a  nomination,  or  of  the  improper  reception  or  refusal
of a vote, or by reason of a material irregularity in the election proceedings,
corrupt  practice,  or  any  other  thing  materially  affecting  the  result  of  the
election, any person enrolled in the municipal election roll may, at any time
within ten days after the result of the election has been declared, submit an
application  to  the  Judge  for  the  determination  of  the  dispute  or  question.

(2)  The  4[State  Election  Commissioner]  may,  if  it  has  reason  to  believe
that an election has not been a free election by reason of the large number of
cases  in  which  undue  influence  or  bribery  has  been  exercised  or  committed
by  order  in  writing,  authorise  any  officer  5[of  the  Commission]  to  make  an
application to the Judge at any time within one month after the result of the
election  has  been  declared  for  declaration  that  the  election  of  the  returned
candidate  or  candidates  is  void.

6[(2A)  No  election  to  any  Corporation  shall  be  called  in  question  except
by  an  election  petition  presented  to  the  Judge  referred  to  in  sub-section  (1)
and no Judge other than the Judge referred to in sub-section (1) shall entertain
any  dispute  in  respect  of  such  election.]

(3) The  Judge  shall  decide  the  applications  made  under  sub-section
(1)  or  (2)  after  holding  an  inquiry  in  the  manner  provided  by  or  under
this  Act.

Explanations.—For  the  purposes  of  this  section—

(1) “corrupt practice” means one of the following practices, namely:—

(a) any gift, offer or promise by a candidate or his agent or by
any  person  with  the  connivance  of  a  candidate  or  his  agent  of  any
gratification,  pecuniary  or  otherwise,  to  any  person  whomsoever,
with  the  object,  directly  or  indirectly  of  inducing  a  person  to  stand
or  not  to  stand  as,  or  to  withdraw  from  being,  a  candidate  at  an
election or a voter to vote or refrain from voting at an election or as
a reward to a person for having so stood or not stood or for having
withdrawn his candidature or a voter for having voted or refrained
from  voting ;

1 The words “ or as the case may be of the expiry of the date referred to in the second proviso ”

were deleted, by Mah. 41 of 1994, s. 57(b).

2 The second proviso was deleted by Mah. 41 of 1994, s. 57(c).

3 These words were substituted for the word “Commissioner” by Mah. 41 of 1994, s. 58(a).

4 These words were substituted for the words “State Government” by Mah. 41 of 1994, s. 58(b)(i).

5 These words were inserted, by Mah. 41 of 1994, s. 58 (b) (ii).

6 Clause (2A) were inserted, by Mah. 41 of 1994, s. 58 (c).

H 610—8

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

(b)  any  direct  or  indirect  interference  or  attempt  to  interfere
on the part of a candidate or his agent or of any other person with
the  connivance  of  the  candidate  or  his  agent  with  the  free  exercise
of  any  electoral  right,  including  the  use  of  threats  of  injury  of  any
kind  or  the  creation  or  attempt  to  create  fear  of  divine  displeasure
or spiritual censure, but not including a declaration of public policy
or  a  promise  of  public  action  or  the  mere  exercise  of  a  legal  right
without  intent  to  interfere  with  a  legal  right;

(c) the procuring or abetting or attempting to procure by a can-
didate or his agent or by any other person with the connivance of a
candidate  or  his  agent,  the  application  by  a  person  for  a  voting
paper in the name of any other person whether living or dead or in
a fictitious name or by a person for a voting paper in his own name
when, by reason of the fact that he has already voted in the same or
some  other  ward,  he  is  not  entitled  to  vote;

(d) the removal of a voting paper from the polling station dur-
ing polling hours by any person with the connivance of a candidate
or his agent;

(e) the publication by a candidate or his agent or by any other
person  with  the  connivance  of  the  candidate  or  his  agent  of  any
statement of fact which is false, and which he either believes to be
false or does not believe to be true, in relation to the personal char-
acter  or  conduct  of  any  candidate,  being  a  statement  reasonably
calculated  to  prejudice  the  prospects  of  that  candidate’s  election  ;
(f)  any  acts  specified  in  paragraphs  (a),  (b),  (d)  and  (e)  when
done  by  a  person  who  is  not  a  candidate  or  his  agent  or  a  person
acting with the connivance of a candidate or his agent;

(g) the application by a person at an election for a voting paper
in  the  name  of  any  other  person,  whether  living  or  dead,  or  in  a
fictitious  name,  or  for  a  voting  paper  in  his  own  name  when,  by
reason of the fact that he has already voted in the same or another
ward,  he  is  entitled  not  to  vote;  or

(h)  the  receipt  of,  or  agreement  to  receive,  any  gratification  of
the kind described in paragraph (a) as a motive or reward for doing
or  refraining  from  doing  any  of  the  acts  therein  specified.

(2)  a  corrupt  practice  shall  not  be  deemed  to  have  been  committed
in  the  interests  of  a  returned  candidate  if  the  Judge  is  satisfied  that  it
was  of  a  trivial  and  limited  character  which  did  not  affect  the  result  of
the  election,  that  in  all  other  respects  the  election  was  free  from  any
corrupt practice on the part of the candidate or any of his agents, that it
was  committed  without  the  sanction  or  connivance  or  contrary  to  the
orders  of  the  candidate  or  his  agents  and  that  the  candidate  and  his
agents  took  all  reasonable  means  for  preventing  the  commission  of  cor-
rupt  practices  at  the  election.

17. Disqualification  of  voters  for  corrupt  practice.  [Deleted  by  Mah.  34

of 1965, s. 7.]

Procedure if
election fails
or is set aside.

18.

(1)  If  at  any  general  elections  or  an  election  held  to  fill  a  casual
vacancy,  no  councillor  is  elected  or  an  insufficient  number  of  councillors  are
elected  or  the  election  of  any  or  all  of  the  councillors  is  set  aside  under  this
Act  and  there  is  no  other  candidate  or  candidates  who  can  be  deemed  to  be
elected in his or their place, the 1[State Election Commissioner] shall appoint
another  day  for  holding  a  fresh  election  and  a  fresh  election  shall  be  held
accordingly.

1 These  words  were  substituted  for  the  word  “  Commissioner  “  by  Mah.  41  of  1994,  s.  59.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

37

Mayor and
Deputy
Mayor.

Mah.
XXV of
2000.

Mah.
XXII of
2001.

Mah.
XXI of
2018.

(2) A councillor elected under this section shall be deemed to have been

elected to fill a casual vacancy under section 15.

19.

1[(1) The Corporation shall, subject to the provisions of sub-section
(1A),  at  its  first  meeting  after  the  general  elections,  elect  from  amongst  the
Councillors one of its number to be the Mayor and another to be the Deputy
Mayor. The tenure of the Mayor and the Deputy Mayor shall be of two and a
half years :

Provided  that,  the  term  of  the  Mayors  and  the  Deputy  Mayors  in  office
on the date of coming into force of the Maharashtra Municipal Corporations
(Amendment) Act, 2000, shall be regulated as under,—

(a) in case of the Corporations which have completed the first year
of  their  term  but  have  not  yet  completed  two  years  since  their  first
meeting after the general elections, the term of the Mayors and Deputy
Mayors of such Corporations shall be two years each ;

(b) in  all  other  cases,  the  term  of  the  Mayors  and  Deputy  Mayors
who  are  in  office  on  the  said  date  shall  be  extended  to,  and  be
co-terminus  with,  the  term  of  office  of  the  elected  Councillors  :

Provided  further  that,  the  roster  relating  to  the  reservation  of  the
office of the Mayor shall be deemed to have been amended to provide for
the  extended  tenure  of  the  Mayor.].
2[(1A)  There  shall  be  reservation  for  the  office  of  the  Mayor  in  the
Corporation,  by  rotation,  for  the  Scheduled  Castes,  the  Scheduled  Tribes,
women  and  the  Backward  Class  of  citizens,  in  the  prescribed  manner.

3[(1B)  Every  person  desirous  of  contesting  election  to  the  office  of  the
Mayor  reserved  for  the  Scheduled  Castes,  Scheduled  Tribes  or,  as  the  case
may  be,  Backward  Class  of  citizens,  shall  be  required  to  submit  alongwith
the  nomination  paper,  Caste  Certificate  issued  by  the  Competent  Authority
and the Validity Certificate issued by the Scrutiny Committee in accordance
with the provisions of the Maharashtra Scheduled Castes, Scheduled Tribes,
De-notified Tribes (Vimukta Jatis), Nomadic Tribes, Other Backward Classess
and Special Backward Category (Regulation of Issuence and Verification of )
Caste  Certificate  Act,  2000.]

4[5[Provided  that,  for  the  election  for  the  office  of  the  Mayor  for  which
the  last  date  of  filing  of  nomination  falls  during  the  period  commencing  on
the  date  of  commencement  of  the  Mumbai  Municipal  Corporation,  the
Maharashtra  Municipal  Corporations  and  the  Maharashtra  Municipal
Councils,  Nagar  Panchayats  and  Industrial  Townships  (Amendment)  Act,
2018  and  ending  on  the  30th  June  2019,  a  person  who  has  applied  to  the
Scrutiny  Committee  for  the  verification  of  his  Caste  Certificate  before  the
date  of  filing  the  nomination  papers  but  who  has  not  received  the  validity
certificate  on  the  date  of  filing  of  the  nomination  papers  shall  submit,
alongwith  the  nomination  papers,—

(i) a  true  copy  of  the  application  preferred  by  him  to  the  Scrutiny
Committee  for  issuance  of  the  validity  certificate  or  any  other  proof  of
having  made  such  application  to  the  Scrutiny  Committee;  and

(ii) an  undertaking  that  he  shall  submit,  within  a  period  of  six  months
from the date of his election, the validity certificate issued by the Scrutiny
Committee :]

Provided  further  that,  if  the  person  fails  to  produce  the  validity
certificate  within  a  period  of  six  months  from  the  date  of  his  election,  his
election  shall  be  deemed  to  have  been  terminated  retrospectively  and  he
shall  be  disqualified  for  being  the  Mayor.]

1 This sub-section was substituted by Mah. 25 of 2000, s. 3.
2 Sub-section (1A) was inserted by Mah. 41 of 1994, s. 60 (b).
3 Sub-section (1B) was inserted by Mah. 7 of 2009, s. 6.
4 These provisos were added by Mah. 13 of 2015, s.5.
5 This proviso was substituted by Mah. 21 of 2018, s.5.

H 610—8a

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[1949 : LIX

(2) The Mayor and the Deputy Mayor shall hold office until a new Mayor
and a new Deputy Mayor have been elected under sub-section (1)  and, in a
year  in  which  general  elections  have  been  held,  shall  do  so  notwithstanding
that they have not been returned as councillors on the results of the elections.

(3) A retiring Mayor or Deputy Mayor shall be eligible for re-election to

either  office.

(4) The  Deputy  Mayor  may  resign  his  office  at  any  time  by  notice  in
writing  to  the  Mayor  and  the  Mayor  may  resign  his  office  at  any  time  by
notice  in  writing  to  the  Corporation.

(5) If any casual vacancy occurs in the office of Mayor or Deputy Mayor,
the  Corporation  shall,  as  soon  as  convenient  after  the  occurrence  of  the
vacancy,  choose  one  of  its  number  to  fill  the  vacancy  and  every  Mayor  or
Deputy Mayor so elected shall hold office so long only as the person in whose
place he is appointed would have been entitled to hold it if the vacancy had
not  occurred.

1[(6) The  Mayor  or  the  Deputy  Mayor  may  be  removed  from  the  office
by  the  State  Government,  if  he  fails  to  convene  two  consecutive  meetings  of
the  Corporation  as  specified  by  or  under  this  Act,  and  the  Mayor  or  Deputy
Mayor  so  removed  shall  not  be  eligible  for  re-election  or    re-appointment  as
Mayor or as the case may be, Deputy Mayor during the remainder term of his
office  :

Provided  that,  no  such  Mayor  or  Deputy  Mayor  shall  be  removed  from
office,  unless  he  has  been  given  a  reasonable  opportunity  to  furnish  an
explanation :

Provided further that, removal of the Mayor or Deputy Mayor from the
office  under  this  sub-section  shall  not  affect  his  continuance  as  a  Councillor
for  the  remainder  term  of  his  office.]

Leader of
House.

2[19-IA.

(1) An elected Councillor who is for the time being, the Leader
of  the  Party  having  the  greatest  numerical  strength  and  recognised  as  such
by the Mayor shall be the Leader of the House.

Explanation.—When  there  are  two  parties  in  ruling  having  the  same
numerical strength, the Mayor shall, having regard to the status of the Party,
recognise the Leader of any one of such parties to be the Leader of the House.

(2)  There  shall  be  paid  to  the  Leader  of  the  House  such  honoraria  and
allowances  and  other  facilities  as  may  be  provided  by  regulations  made  in
this  behalf  by  the  Corporation.

Leader of
Opposition.

19-IAA.

(1) An elected Councillor who is, for the time being, the Leader
of the Party in opposition, having greatest numerical strength and recognised
as such by the Mayor, shall be the Leader of the Opposition.

Explanation.—  Where  there  are  two  or  more  parties  in  the  opposition,
having  the  same  numerical  strength,  the  Mayor  shall,  having  regard  to  the
status of the party, recognise the Leader of any one of such parties as a Leader
of  the  Opposition  for  the  purposes  of  this  Act  and  such  recognition  shall  be
final  and  conclusive.

1 Sub-section (6) was added by Mah. 32 of 2011, s. 17.
2 Sections 19-IA and 19-IAA were inserted by Mah. 11 of 2002, s. 36.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

39

(2) There  shall  be  paid  to  the  Leader  of  the  Opposition  such  honoraria
and  allowances  and  other  facilities  as  may  be  provided  by  regulations  made
in  this  behalf  by  the  Corporation.]

1[Honoraria,  fees  and  allowances.

19A.

(1)  With  the  previous  sanction  of  the  State  Government,  the
Corporation may pay each councillor such honoraria, fees or other allowances
as  may  be  prescribed  by  rules  made  by  the  Corporation  under  this  section.

Honoraria,
fees or
allowances.

Constitution
of Standing
Committee.

2[(2) The Corporation shall place at the disposal of the Mayor annually,
such  amount  as  sumptuary  allowance,  as  the  State  Government  may,  from
time  to  time  by  an  order,  determine.]

(3) Notwithstanding  anything  contained  in  section  10,  the  receipt  by  a
councillor of any honorarium, fee or allowance as aforesaid shall not disqualify
any  person  for  being  elected  or  being  a  councillor.]

Standing  Committee.

20.

(1)  The  Standing  Committee  shall  consist  of  3[sixteen]  councillors.

(2) The  Corporation  shall  at  its  first  meeting  after  general  elections
appoint 3 [sixteen] persons out of its own body to be members of the Standing
Committee.

(3) One-half of the members of the Standing Committee shall retire every
succeeding year at noon on the first day of the month in which the first meeting
of  the  Corporation  mentioned  in  sub-section  (2)  was  held:

Provided that all the members of the Standing Committee in office when
general  elections  are  held  shall  retire  from  office  on  the  election  of  a  new
Committee  under  sub-section  (2).

(4) The  members  who  shall  retire  under  sub-section  (3)  one  year  after
their  election  under  sub-section  (2)  shall  be  selected  by  lot  at  such  time
previous  to  the  date  for  retirement  specified  in  sub-section  (3)  and  in  such
manner as the Chairman of the Standing Committee may determine, and in
succeeding  years  the  members  who  shall  retire  under  this  section  shall  be
those who have been longest in office :

Provided  that,  in  the  case  of  a  member  who  has  been  reappointed,  the
term of his office for the purposes of this sub-section shall be computed from
the  date  of  his  reappointment.

(5) The  Corporation  shall  at  its  meeting  held  in  the  month  preceding
the  date  of  retirement  specified  in  sub-section  (3)  appoint  fresh  members  of
the  Standing  Committee  to  fill  the  offices  of  those  who  are  due  to  retire  on
the  said  date.

(6) Any Councillor who ceases to be a member of the Standing Committee

shall  be  eligible  for  reappointment.

1 This heading and section 19A were inserted by Bom. 80 of 1958, s. 2.
2 Sub-section (2) was substituted by Mah. 12 of 1993, s. 12.
3 This word was substituted for the word “ twelve “ by Mah. 21 of 1992, s. 15.

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[1949 : LIX

Appointment
of Chairman
of Standing
Committee.

21.

(1)  The  Standing  Committee  shall  at  its  first  meeting  after  its
appointment  under  sub-section  (2)  of  section  20  and  at  its  first  meeting  in
the same month in each succeeding year appoint one of its own number to be
the  Chairman.

(2) The Chairman shall hold office until his successor has been appointed

under  sub-section  (1)  but  shall  be  eligible  for  reappointment.

(3) Notwithstanding  the  provisions  of  sub-sections  (1)  and  (2),  the
Chairman  shall  vacate  office  as  soon  as  he  ceases  to  be  a  member  of  the
Committee.

(4) If  any  casual  vacancy  occurs  in  the  office  of  the  Chairman,  the
Standing Committee shall, as soon as conveniently may be after the occurrence
of  the  vacancy,  appoint  one  of  its  number  to  fill  such  vacancy  and  every
Chairman so appointed shall continue in office so long only as the person in
whose  place  he  is  appointed  would  have  held  it  if  such  vacancy  had  not
occurred.

1[(5)  If  for  any  reason  the  Standing  Committee  does  not  appoint  the
Chairman under sub-section (1) or (4), within a period of thirty days from the
date of its appointment under sub-section (2)  of section 20, or from the date
following the date of retirement of one-half of the members specified in sub-
section (3) of that section, or from the date on which a casual vacancy occurs
in the office of Chairman, as the case may be, the appointment of the Chairman,
after  the  expiry  of  the  said  period,  shall  be  made  by  the  Corporation,  from
amongst the members of the Standing Committee, at a special meeting called
and held for the purpose within fifteen days from the expiry of the said period
of thirty days. At such meeting, the question shall be decided by a majority of
votes  of  the  Councillors  present  and  voting  and  if  there  be  an  equality  of
votes,  the  presiding  authority  shall  have  and  exercise  a  second  or  casting
vote.  Every  Chairman  so  appointed,  shall  continue  in  office  so  long  only  as
the  Chairman  appointed  by  the  Standing  Committee  would  have  continued
in  office.]

Member of
Standing
Committee
absenting
himself
from
meetings to
vacate seat.

22. Any member of the Standing Committee who absents himself during
two successive months from the meetings of the Committee, except on account
of  temporary  illness  or  other  cause  to  be  approved  by  the  Committee,  or
absents himself from, or is unable to attend, the meetings of the Committee
during  four  successive  months  from  any  cause  whatever,  whether  approved
by  the  Committee  or  not,  shall  cease  to  be  a  member  of  the  Standing
Committee  and  his  seat  shall  thereupon  be  vacant.

Casual
vacancies in
Standing
Committee
how to be
filled.

23.

In  the  event  of  non-acceptance  of  office  by  a  councillor  appointed
to be a member of the Standing Committee or of the death or resignation of a
member of the said Committee or of his becoming incapable of acting previous
to the expiry of his term of office or of his seat becoming vacant under section
22 or on his ceasing to be a councillor, the vacancy shall be filled up, as soon
as it conveniently may be, by the appointment of a person thereto, who shall
hold office so long only as the member in whose place he is appointed would
have been entitled to hold it, if the vacancy had not occurred.

1 Sub-section (5) was inserted by Mah. 32 of 1968, s. 2.

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Maharashtra  Municipal  Corporations  Act

41

Standing
Committee
may delegate
powers to
Special
Committee  or
Sub-
Committee.

24.

(1) The Standing Committee may, from time to time, by a resolution
carried  by  the  vote  of  at  least  two-thirds  of  its  members  present  at  the
meeting, delegate to any Special Committee appointed under section 30 any
of  its  powers  and  duties  in  respect  of  any  matter  with  which  such  Special
Committee  is  competent  to  deal,  or  refer  to  any  such  Committee  any  such
matter for disposal or report, and every such Special Committee shall conform
to any instructions that may from time to time be given to it by the Standing
Committee  in  this  behalf:

Provided  that  every  such  resolution  shall  be  reported  by  the  Standing
Committee to the Corporation as soon as possible, and the Corporation may
at  any  time  cancel  such  resolution.

(2)  The  Standing  Committee  may,  subject  to  the  rules,  by  a  specific
resolution  in  this  behalf  delegate  any  of  its  powers  and  duties  to  sub-
committees  consisting  of  such  members  of  the  Standing  Committee  not  less
in  number  than  three  as  the  Standing  Committee  thinks  fit  and  every  such
sub-committee shall conform to any instructions that may from time to time
be given to it by the Standing Committee.

The  Transport  Committee.

25.

(1)  In  the  event  of  the  Corporation  acquiring  or  establishing  a
Transport  Undertaking  there  shall  be  a  Transport  Committee  consisting  of
1[thirteen]  members  for  the  purpose  of  conducting  the  said  undertaking  in
accordance  with  the  provisions  of  this  Act  and  subject  to  the  conditions  and
limitations  as  are  contained  therein.

Appointment
of Transport
Committee.

(2) The  Corporation  shall  at  its  first  meeting  after  a  Transport
Undertaking  is  acquired  or  established  appoint  2[twelve]  members  of  the
Transport  Committee  from  among  persons  who  in  the  opinion  of  the
Corporation  have  had  experience  of,  and  shown  capacity  in,  administration
or  transport  or  in  engineering,  industrial,  commercial,  finacial  or  labour
matters and who may or may not be councillors.

(3) A  person  shall  be  disqualified  for  being  appointed,  and  for  being,  a
member  of  the  Transport  Committee  if,  under  the  provisions  of  this  Act  or
any other law for the time being in force, he would be disqualified for being
elected  as,  and  for  being,  a  councillor.

(4) The Chairman of the Standing Committee shall be a member of the

Transport  Committee  ex-officio.

(5) One-half  of  the  members  of  the  Transport  Committee  appointed  by
the Corporation shall retire in every second year on the first day of the month
in which the meeting referred to in sub-section (2) was held :

3  [Provided  that,  in  the  case  of  a  Councillor  appointed  a  member  of  the
Transport  Committee,  if  at  any  time  before  the  date  of  his  retirement  he
ceases  to  be  a  Councillor,  he  shall  cease  to  be  such  member,  and  his  office
shall  thereupon  become  vacant.  The  vacancy  shall  be  filled,  in  accordance
with the provisions of sub-section (9), as if it had occurred under section 26.]

1 This word was substituted for the word “nine” by Mah. 21 of 1992, s. 16(a).
2 This word was substituted for the word “eight” by Mah. 21 of 1992, s. 16(6).
3 This proviso was added by Mah. 13 of 1971, s. 7.

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

(6) The  members  who  shall  retire  two  years  after  their  appointment
under  sub-section  (2)  shall  be  selected  by  lot  at  such  time  previous  to  the
first  day  of  the  month  immediately  preceding  the  date  of  their  retirement
and  in  such  manner  as  the  Chairman  of  the  Transport  Committee  shall
determine;  thereafter  the  members  of  the  Transport  Committee  who  shall
retire  shall  be  the  members  who  were  longest  in  office  :

Provided  that  in  the  case  of  a  member  who  has  been  reappointed,  the
term  of  his  office  for  the  purpose  of  this  sub-section  shall  be  computed  from
the  date  of  his  reappointment.

(7) Vacancies  caused  by  the  retirement  of  members  under  sub-
section  (5)  shall  be  filled  by  the  appointment  by  the  Corporation  of  duly
qualified  persons  thereto  at  its  ordinary  meeting  in  the  month  immediately
preceding  the  occurrence  of  the  vacancies  :

Provided  that  in  a  year  in  which  general  elections  of  councillors  are
held,  such  vacancies  shall  be  filled  by  the  Corporation  at  its  first  meeting
after such elections if such meeting is due to be held within three months of
the occurrence of the vacancies and, in such event, the members who would
under sub-section (5) have retired on the date specified therein shall continue
to be in office until new members have been appointed under this sub-section.

(8) A  retiring  member  shall  be  eligible  for  re-appointment.

(9) In  the  event  of  non-acceptance  of  office  by  any  person  appointed  to
be  a  member  of  the  Transport  Committee  or  of  the  death,  resignation  or
disqualification  of  a  member  of  the  Committee  or  of  his  becoming  incapable
of acting, or of his office becoming vacant under the provisions of section 26,
the  vacancy  shall  be  filled  up,  as  soon  as  conveniently  may  be,  by  the
appointment by the Corporation of a duly qualified person thereto, and such
person  shall  hold  office  so  long  only  as  the  person  in  whose  place  he  is
appointed  would  have  held  it  if  the  vacancy  had  not  occurred.

26.

(1)  Any  person  who,  having  been  appointed  a  member  of  the

Transport  Committee,—

(a)  becomes  disqualified  for  being  a  member  of  the  Committee  un-

der  the  provisions  of  sub-section  (3)  of  section  25,  or

(b)  acts  as  a  member  of  the  Committee  by  voting  or  taking  part  in
the discussion of or asking any question concerning any matter in which
he has directly or indirectly, by himself or his partner, any such share or
interest as is described in clause (b) of sub-section (2) of section 10 or in
which  he  is  professionally  interested  on  behalf  of  a  client,  principal  or
other  person,  or

(c) absents  himself  during  two  successive  months  from  the  meet-
ings  of  the  Committee  except  from  temporary  illness  or  other  cause  to
be  approved  by  the  Committee,  or

(d) absents himself from or is unable to attend the meetings of the
Committee  during  four  successive  months  from  any  cause  whatsoever,
whether  approved  by  the  Committee  or  not,

shall  cease  to  be  a  member  of  the  Committee  and  his  office  shall  thereupon
become  vacant.

(2)  If  any  doubt  or  dispute  arises  whether  a  vacancy  has  occurred  under
sub-section  (1),  the  Commissioner  shall,  at  the  request  of  the  Corporation,
refer  the  question  to  the  Judge.

Disqualification
of members of
Transport
Committee.

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43

27.

(1)  The  Transport  Committee  shall  at  its  first  meeting  after  its
appointment  under  sub-section  (2)  of  section  25  and  at  its  first  meeting  in
the same month in each succeeding year appoint  1[one of its members] to be
the  Chairman.

Chairman of
Transport
Committee.

(2) The Chairman shall hold office until his successor has been appointed

under  sub-section  (1)  but  shall  be  eligible  for  reappointment.

(3) Notwithstanding  the  provisions  of  sub-sections  (1)  and  (2),  the
Chairman  shall  vacate  office  as  soon  as  he  ceases  to  be  a  member  of  the
Committee.

(4) In the event of the office of Chairman falling vacant previous to the
expiry of his term the Committee shall, as soon as conveniently may be after
the occurrence of the vacancy, appoint 2[one of its members] to fill such vacancy
and the Chairman so appointed shall hold office so long only as the person in
whose  place  he  is  appointed  would  have  held  it  if  such  vacancy  had  not
occurred.

28. The  Chairman  and  members  of  the  Transport  Committee  shall  be
paid  such  conveyance  charges  for  attending  meeeting  of  the  Committee  as
may  be  prescribed  by  rules.

29.

(1) The Transport Committee may from time to time appoint out of
its  own  body  sub-committees  consisting  of  such  number  of  persons  as  the
Committee  thinks  fit.

(2) The  Committee  may  by  specific  resolution  carried  by  the  vote  of  at
least  two-thirds  of  its  number  present  at  the  meeting  delegate  any  of  its
powers and duties to a sub-committee and may also by a like resolution define
the  sphere  of  business  of  such  sub-committee.

(3) The  Committee  may  refer  to  a  sub-committee  appointed  under  sub-
section  (1)  for  inquiry  and  report  or  for  opinion  any  matter  with  which  the
Committee  is  competent  to  deal.

3[Wards  Committees.

Conveyance
charges for
attendance
at meetings
of
Transport
Committee.

Sub-
committees
of Transport
Committee.

29A.

(1)  In  every  City,  there  shall  be  constituted  Wards  Committees
comprising  such  contiguous  electoral  wards  as  may  be  decided  by  the
Corporation,  in  accordance  with  following  table  :—

Constitution
of Wards
Committees.

Population

TABLE

Minimum
Number
of Wards
Committees

Above 3 lakhs and upto 4.5 lakhs
Above 4.5 lakhs and upto 12 lakhs
Above 12 lakhs and upto 24 lakhs
Above 24 lakhs

3
4
9
13

Additional
Wards
Committees
for
Additional
Population

…
1,50,000
3,00,000
6,00,000

Maximum
Number
of Wards
Committees

4
9
13
25

1 These words were substituted for the words “one of its number” by Mah. 41 of 1994, s. 61(a).
2 These words were substituted for the words “ one of its number ” by Mah. 41 of 1994, s. 61 (b).
3 The sub-heading and section 29A was inserted, by Mah. 41 of 1994, s. 62.

H  610—9

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(2) Each  Wards  Committee  shall  consist  of—

(a) the  councillors  representing  the  electoral  wards  within  the

territorial  area  of  the  Wards  Committee  ;

(b) the officer incharge of the territorial area of the Wards Committee ;

(c) such  number  of  other  members  not  exceeding  three,  nominated  by
the  Councillors  referred  to  in  clause  (a)  from  amongst  the  members  of
recognised  Non-Government  Organisations  and  Community  based
organisations engaged in social welfare activities working within the area of
the  Wards  Committee  :

Provided  that,  such  persons  are  registered  as  electors  in  the  wards

within  the  jurisdiction  of  the  Wards  Committee  :

Provided further that, the norms for recognition of the Non-Government
Organisations,  the  requisite  qualification  for  nomination  as  members  and
the  manner  in  which  they  are  to  be  nominated  shall  be  such  as  the  State
Government  may  prescribe.

(3) The  duration  of  the  Wards  Committees  shall  be  co-terminus  with

the  duration  of  the  Corporation.

(4) The  elected  Councillors  referred  to  in  clause  (a)  of  sub-section  (2)
shall at the first meeting of the Wards Committee in each official year, elect
from  amongst  themselves  the  Chairperson  who  shall  hold  office  until  the
first  meeting  in  the  next  following  official  year.

(5) The  Chairperson  of  the  Wards  Committee  shall  be  deemed  to  have

vacated the office as soon as he ceases to be a Councillor.

(6) In the event of the office of the Chairperson falling vacant before the

expiry  of  its  term,  the  Wards  Committee  shall  elect  a  new  Chairperson:

Provided  that  the  Chairperson  so  elected  shall  hold  office  so  long  only
as the Chairperson in whose place he is elected would have held the office if
such  vacancy  had  not  occurred.

(7) The  functions  of  the  Wards  Committee  shall  subject  to  the  general

supervision  and  control  of  the  Corporation,  be—

(a) the speedy redressal of common grievances of citizens, connected
with  local  and  essential  municipal  services  like  water-supply,  drainage,
sanitation  and  storm  water  disposal;

(b)  to  consider  and  make  recommendations  on  the  proposals
regarding  estimates  of  expenditure  pertaining  to  the  wards  under
different  heads  of  account  of  the  budget  before  being  forwarded  to  the
Commissioner;

(c)  to  grant  administrative  approval  and  financial  sanction  to  the
plans for municipal works to be carried out within the territorial area of
the  Wards  Committee  costing  upto  rupees  five  lakhs,  provided  that
specific  provision  exists  therefor  in  the  budget  sanctioned  by  the
Corporation.

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Maharashtra  Municipal  Corporations  Act

45

(8)  Notwithstanding  anything  contained  in  sub-section  (7),  the
Corporation  may,  by  resolution,  delegate  to  a  Wards  Committee  such  other
functions as it may deem fit and expedient.

(9) The Wards Committee shall meet at least once in every month at its

Ward  Office.]

Special  and  Ad  hoc  Committees.

30.

(1)  The Corporation may from time to time appoint out of its own
body,  Special  Committees  1[including  the  Women  and  Child  Welfare
Committee]  which  shall  conform  to  any  instructions  that  the  Corporation
may from time to time give them.

Special
Committees
of the
Corporation.

2[(1A) On  the  Women  and  Child  Welfare  Committee  not  less  than
seventy-five  per  cent.  of  the  members  shall  be  from  amongst  women
Councillors.

Explanation.—For the purpose of computing the number of members at

seventy-five  per  cent.  fraction,  if  any,  shall  be  rounded  off  to  one.]

(2) The  Corporation  may  by  a  specific  resolution  passed  by  the  vote  of
not less than two-thirds of the Councillors present and voting at a meeting of
the  Corporation  define  the  sphere  of  business  of  each  Special  Committee
and  direct  that  all  matters  and  questions  included  in  any  such  sphere  shall
in  the  first  instance  be  placed  before  the  appropriate  Committee  and  shall
be  submitted  to  the  Corporation  with  such  Committee’s  recommendation  ;
and the Corporation may also by a like resolution delegate of its powers and
duties  to  specified  Special  Committees.

(3) Every  Special  Committee  shall  appoint  two  of  its  number  to  be  its

Chairman and Deputy Chairman :

Provided that  no  Councillor shall, at the same time, be the Chairman of

more  than  one  Special  Committee  :

3[Provided  further  that,  the  Chairperson  and  the  Deputy  Chairperson
on  the  Women  and  Child  Welfare  Committee  shall  be  from  amongst  the
women  Councillor  members  thereof.]

(4) The Chairman and in his absence the Deputy Chairman and, in the
absence of both, such other member as may be chosen by the members of the
Special Committee present at a meeting thereof shall preside at the meeting.

(5) Any  member  of  a  Special  Committee  who  absents  himself  during
two successive months from the meeting of such Committee, except on account
of  temporary  illness  or  other  cause  to  be  approved  by  such  Committee,  or
absents himself from or is unable to attend the meetings of such Committee
during  four  successive  months  from  any  cause  whatever,  whether  approved
by such Committee or not, shall cease to be a member of such Committee and
his seat shall thereupon be vacant.

1 These words were inserted by Mah. 21 of 1992,  s. 17(a).

2 Sub-section (1A) was inserted by Mah. 21 of 1992,  s. 17(b).

3 This proviso was inserted by Mah. 21 of 1992,  s. 17(c).

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

(6) All  the  proceedings  of  every  Special  Committee  shall  be  subject  to

confirmation  by  the  Corporation  :

Provided  that  if,  in  delegating  any  of  its  powers  or  duties  to  a  Special
Committee  under  sub-section  (2),  the  Corporation  directs  that  decision  of
such  Committee  shall  be  final,  then  so  much  of  the  proceedings  of  such
Committee  as  relates  to  such  powers  or  duties  shall  not  be  subject  to
confirmation  by  the  Corporation,  if  such  decision  is  supported  by  at  least
half the total number of members of such Committee :

Provided  further  that  any  Special  Committee  may  by  a  resolution
supported by at least half the whole number of members direct that action be
taken  in  accordance  with  the  decision  of  such  Committee  without  waiting
for  confirmation  of  its  proceedings  by  the  Corporation,  where  such
confirmation  is  required,  if  such  Committee  considers  that  serious
inconvenience  would  result  from  delay  in  taking  such  action  ;  but  if  the
Corporation  does  not  subsequently  confirm  the  proceedings  of  such
Committee such steps as may still be practicable shall be taken without delay
to  carry  out  the  orders  of  the  Corporation.

(7) The  Corporation  may  at  any  time  dissolve  or  alter  the  constitution

of  a  Special  Committee.

(8) The  constitution  of  Special  Committees  and  the  conduct  of  business
at meetings of such Committees, the keeping of minutes and the submission
of  reports  and  other  matters  before  such  Committees  shall  be  regulated  by
rules.

31.

(1) The  Corporation  may  from  time  to  time  appoint  out  of  its  own
body  such  ad  hoc  Committees  consisting  of  such  number  of  councillors  as  it
shall  think  fit,  and  may  refer  to  such  Committees  for  inquiry  and  report  or
for  opinion,  such  special  subjects  relating  to  the  purposes  of  this  Act  as  it
shall  think  fit,  and  direct  that  the  report  of  any  such  Committee  shall  be
submitted  through  the  Standing  Committee  or  a  Special  Committee
constituted  under  section  30.

(2) An ad hoc Committee appointed under sub-section (1) may, with the
previous  sanction  of  the  Corporation,  co-opt  not  more  than  two  persons  who
are  not  councillors  but  who  in  the  opinion  of  the  Committee  possess  special
qualifications  for  serving  thereon  :

1[Provided  that  such  persons  shall  not  be  eligible  to  be  elected  as  the
Chairperson  of  such  Committee  and  shall  not  have  the  right  to  vote  at  any
meeting  of  the  Committee.]

Appointment
of Ad hoc
Committees.

Appointment
by nomination
on
Committees
to be by
proportional
representation.

2[31A.

(1) Notwithstanding anything contained in this Act or the rules
or bye-laws made thereunder, in the case of the following Committees, except
where it is provided by this Act, that the appointment of a Councillor to any
Committee  shall  be  by  virtue  of  his  holding  any  office,  appointment  of
Councillors  to  these  Committees,  whether  in  regular  or  casual  vacancies,

1 This proviso was added by Mah. 41 of 1994, s. 63.

2 Section 31A was inserted by Mah. 11 of 2007, s. 6.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

47

shall  be  made  by  the  Corporation  by  nominating  Councillors  in  accordance
with  the  provisions  of  sub-section  (2)  :—

(a) Standing  Committee  ;

(b) Transport  Committee  ;

(c) Any  special  Committee  appointed  under  section  30  ;

(d) Any  ad  hoc  Committee  appointed  under  section  31.

(2) In  nominating  the  Councillors  on  the  Committee,  the  Corporation
shall  take  into  account  the  relative  strength  of  the  recognised  parties  or
registered parties or groups and nominate members, as nearly as may be, in
proportion  to  the  strength  of  such  parties  or  groups  in  the    Corporation,
after  consulting  the  Leader  of  the  House,  the  Leader  of  Opposition  and  the
leader of each such party or group :

1[Provided  that,  the  relative  strength  of  the  recognized  parties  or
registered  parties  or  groups  or  aghadi  or  front  shall  be  calculated  by
first  dividing  the  total  number  of  Councillors  by  the  total  strength    of
members  of  the  Committee.  The  number  of  Councillors  of  the  recog-
nized parties or registered parties or groups or aghadi or front shall be
further  divided  by  the  quotient  of  this  division.  The  figures    so  arrived
at  shall  be  the  relative  strength  of  the  respective  recognized  parties  or
registered parties or groups or aghadi or front. The seats shall be allot-
ted  to  the  recognized  parties  or  registered  parties  or  groups  or  aghadi
or  front  by  first  considering  the  whole  number  of  their  respective  rela-
tive strength so ascertained. After allotting  the seats in this manner, if
one  or  more  seats  remain  to  be  allotted,  the  same  shall  be  allotted  one
each to the recognized parties or registered parties or groups or aghadi
or front in the descending order of the fraction number in the respective
relative strength, starting from the highest fraction number in the rela-
tive  strength,  till  all  the  seats  are  allotted :]

Mah. XX
of 1987.

Provided  further  that,  for  the  purpose  of  deciding  the  relative  strength
of  the  recognised  parties  or  registered  parties  or  groups  under  this  Act,  the
recognised  parties  or  registered  parties  or  groups,  or  elected  Councillors
not  belonging  to  any  such  party  or  group  may,  notwithstanding  anything
contained in the Maharashtra Local authority Members’ Disqualification Act,
1986,  within  a  period  of  one  month  from  the  date  of  notification  of  election
results,  form  the  aghadi  or  front  and,  on  its  registration,  the  provisions  of
the said Act shall apply to the members of such aghadi or front, as if it is a
registered  pre-poll  aghadi  or  front.

(3) If  any  question  arises  as  regards  the  number  of  Councillors  to  be
nominated  on  behalf  of  such  party  or  group,  the  decision  of  the  Corporation
shall be final.]

Joint  Committees.

32.

(1) The  Corporation  may  from  time  to  time  join  with  a  local

authority  or  with  a  combination  of  local  authorities,—

(a) in  appointing  a  joint  committee  out  of  their  respective  bodies
for any purpose in which they are jointly interested, and in appointing a
chairman of such committee ;

Joint
transactions
with other
local
authorities.

1 This proviso was substituted by Mah. 17 of 2012, s. 11.

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

(b) in delegating to any such committee power to frame terms bind-
ing on each such body as to the construction and future maintenance of
any joint work, and any power which might be exercised by any of such
bodies ; and

(c) in  framing  and  modifying  rules  for  regulating  the  proceedings
of  any  such  committee  in  respect  of  the  purpose  for  which  the  commit-
tee  is  appointed.

(2) Where  the  Corporation  has  requested  the  concurrence  of  any  other
local authority under the provisions of sub-section (1) in respect of any matter
and such other local authority has refused to concur, the 1[State] Government
may pass such orders as it deems fit requiring the concurrence of such other
local  authority,  not  being  a  cantonment  authority,  in  the  matter  aforesaid
and  such  other  local  authority  shall  comply  with  such  orders.

(3) If  any  difference  of  opinion  arises  between  the  Corporation  and  any
other  local  authority  which  has  joined  the  Corporation  under  this  section,
the  matter  shall  be  referred  to  the  1[State]  Government  whose  decision
thereupon shall be final and binding :

Provided that, if the local authority concerned is a cantonment authority,
any  such  decision  shall  not  be  binding  unless  it  is  confirmed  by  the  Central
Government.

(4) The  Corporation  may  from  time  to  time  2[in  the  case  of  any
cantonment  authority  with  the  sanction  of  the  State  Government  and  the
Officer  Commanding-in-Chief,  the  Command  and  in  other  cases]  with  the
sanction  of  the  1[State]  Government  enter  into  an  agreement  with  a  local
authority  or  with  a  combination  of  local  authorities  for  the  levy  of  3 **  tolls
4[or  a  tax  on  vehicles,  boats  or  animals]  by  the  Corporation  on  behalf  of  the
bodies so agreeing and, in that event, the provisions of this Act shall apply in
respect of such levy as if the area of the City were extended so as to include
the  area  or  areas  subject  to  the  control  of  such  local  authority  or  such
combination  of  local  authorities.

5[(5) When  any  agreement  such  as  is  referred  to  in  sub-sction  (4)  has
been entered into, then the total of the collection of such 6 **, toll or tax made
in the City and in the area or areas ordinarily subject to the control of such
other  local  authority  or  authorities  and  the  costs  thereby  incurred  shall  be
divided  between  the  Municipal  Fund  and  the  fund  or  funds  subjects  to  the
control  of  such  other  local  authority  or  authorities,  as  the  case  may  be,  in
such  proportion  as  may  have  been  determined  by  the  agreement.]

1 This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.
2 These words were inserted by Bom. 5 of 1958, s. 2(1) (a).
3 The words “ octroi or ” were deleted by Mah. 42 of 2017, s. 33(1).
4 These words were inserted by Bom. 5 of 1958, s. 2(1) (b).
5 This sub-section was added by Bom. 5 of 1958, s. 2(2).
6 The word “ octroi ” was deleted by Mah. 42 of 2017, s. 33(2).

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

49

Vacancy in
Corporation,
etc., not to
invalidate  its
proceedings.

Proceedings of
Corporation,
etc., not
vitiated by
disqualification,
etc., of
members
thereof.

Proceedings of
meetings to
be good and
valid until
contrary is
proved.

Exercise of
powers and
discharge of
duties of any
committee by
Corporation.

Removal of
Chairman
and Deputy
Chairman of
Committees.

Provisions  regarding  validity  of  proceedings.

33. No  act  or  proceedings  of  the  Corporation  or  of  any  committee  or

sub-committee  appointed  under  this  Act  shall  be  questioned  on  account  of
any vacancy in its body.

34. No  disqualification  of,  or  defect  in,  the  election  or  appointment  of

any person acting as a Councillor, as the Mayor or the Deputy Mayor or the
presiding  authority  of  the  Corporation  or  as  the  Chairman  or  a  member  of

any  Committee  or  sub-committee  appointed  under  this  Act  shall  be  deemed

to vitiate any act or proceeding of the Corporation or of any such Committee

or sub-committee, as the case may be, in which such person has taken part,
provided  the  majority  of  the  persons  who  were  parties  to  such  act  or

proceedings  were  entitled  to  act.

35. Until  the  contrary  is  proved,  every  meeting  of    the  Corporation  or

of  a  Committee  or  sub-committee  in  respect  of  the  proceedings  whereof  a
minute  has  been  made  and  signed  in  accordance  with  this  Act  or  the  rules

shall  be  deemed  to  have  been  duly  convened  and  held,  and  all  the  members

of  the  meeting  shall  be  deemed  to  have  been  duly  qualified  ;  and  where  the

proceedings  are  proceedings  of  a  Committee  or  sub-committee,  such
Committee  or  sub-committee  shall  be  deemed  to  have  been  duly  constituted

and to have had power to deal with the matters referred to in the minute.

1[  35A.

If,  any  committee  or  special  committee  under  this  Act  is  not

constituted at any point of time, or for any reason not in a position to exercise
its powers or discharge its duties under this Act, its powers shall be exercised

and its duties shall be discharged by the Corporation until such committee is

constituted  or  in  a  position  to  exercise  its  powers  or  discharge  its  duties.

35B. The Chairman or the Deputy Chairman, if any, of any committee
constituted  under  this    Act  may  be  removed  from  the  office  by  the  State

Government,  if  he  fails  to  convene  two  consecutive  meetings  of  the

Corporation  as  specified  by  or  under  this  Act,  and  the  Chairman  or  Deputy

Chairman  so  removed  shall  not  be  eligible  for  re-election  or  re-appointment
as  Chairman  or,  as  the  case  may  be,  Deputy  Chairman  of  such  committee

during  the  reminder  term  of  his  office  :

Provided that, no such Chairman or Deputy Chairman shall be removed

from  office,  unless  he  has  given  a  reasonable  opportunity  to  furnish  an
explanation  :

Provided  further  that,  removal  of  the  Chairman  or  Deputy  Chairman

from  the  office  under  the  provisions  of  this  section  shall  not  affect  his

continuance  as  a  Councillor  for  the  reminder  term  of  his  office.  ]

1 Sections 35A and 35B were inserted by Mah. 32 of 2011, s. 18.

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

The  Municipal  Commissioner.

Appointment
of the
Commissioner.

36.

(1) The Commissioner shall from time to time be appointed by the

1[State]  Government.

(2) The  Commissioner  shall  in  the  first  instance  hold  office  for  such

period not exceeding three years as the  1[State] Government may fix and his

appointment  may  be  renewed  from  time  to  time  for  a  period  not  exceeding

three years at a time.

(3) Notwithstanding  the  provisions  of  sub-section  (2)  the  Commissioner
may  at  any  time,  if  he  holds  a  lien  on  the  service  of  the  2[Government],  be
recalled  to  such  service  3  *
*  and  may  further  at  any

*

*

time  be  removed  from  office  by  the  1[State]  Government  for  incapacity,

misconduct or neglect of duty and shall forthwith be so removed if at a meeting

of the Corporation not less than five-eights of the whole number of councillors

vote  in  favour  of  a  resolution  requiring  his  removal.

Salary of
Commissioner.

37.

(1) The Commissioner shall receive from the Municipal Fund such

monthly salary and allowances as the 1[State] Government may from time to

time  after  consultation  with  the  Corporation  determine  :

Provided that the salary of the Commissioner shall not be altered to his

disadvantage during the period for which his appointment has been made or

renewed.

(2) The  Commissioner  shall  devote  his  whole  time  and  attention  to  the

duties of his office as prescribed in this Act or in any other law for the time

being in force and shall not engage in any other profession, trade or business

whatsoever  :

Provided that he may with the sanction of the Corporation serve on any

committee  constituted  for  the  purpose  of  any  local  inquiry  or  for  the

furtherance  of  any  object  of  local  importance  or  interest.

(3) When  a  salaried  servant  of  the  2[Government]  is  appointed  as  the

Commissioner  such  contribution  to  his  pension,  leave  and  other  allowances

as may be required by the conditions of his service under the  2[Government]
to be made by him or on his behalf shall be paid to the  1[State] Government
from  the  Municipal  Fund.

Grant of leave
of absence to
Commissioner
and leave
allowance.

38.

(1) The 1[State] Government may from time to time with the assent

of  the  Standing  Committee  grant  leave  of  absence  to  the  Commissioner  for

such period as it thinks fit.

1 This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.

2 This word was substituted for the word “ Crown ”, by the Adaptation of Laws Order, 1950.

3 The words “ after consultation with the Corporation ” were deleted by Mah. 12 of 1993, s. 13.

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51

(2) The allowances to be paid to the Commissioner while absent on leave

shall  be  of  such  amount,  not  exceeding  his  salary,  as  shall  be  fixed  by  the

1[State] Government and shall, unless the Commissioner is a salaried servant

of the  2[Government], be paid from the Municipal Fund :

Provided  that,  if  the  Commissioner  is  a  salaried  servant  of  the

2[Government], the amount of such allowance shall be regulated by the rules

for the time being in force relating to the leave allowances of salaried servants

of  the  2[Government]  of  his  class.

39. During  the  absence  on  leave  or  other  temporary  vacancy  in  the

office of the Commissioner, the 1[State] Government may appoint a person to

act  as  the  Commissioner  and  every  person  so  appointed  shall  exercise  the

powers  and  perform  the  duties  conferred  and  imposed  by  this  Act  or  any

other law for the time being in force on the Commissioner and shall be subject

to  all  the  liabilities,  restrictions  and  conditions  to  which  the  Commissioner

is  liable  and  shall  receive  such  monthly  salary  not  exceeding  the  salary  for

the time being payable to the Commissioner as the 1[State] Government shall

Appointment
and
remuneration
of acting
Commissioner.

determine.

3[39A.

(1)  The  State  Government  may  create  one  or  more  posts  of

Additional Municipal Commissioners in the Corporation and appoint suitable

persons on such posts, who shall, subject to the control of the Commissioner,

exercise  all  or  any  of  the  powers  and  perform  all  or  any  of  the  duties  and

Appointment
of Additional
Municipal
Commissi-
oners.

functions  of  the  Commissioner.

(2) Every  person  so  appointed  as  the  Additional  Municipal

Commissioner shall be subject to the same liabilities, restrictions and terms

and  conditions  of  service,  to  which  the  Commissioner  is  subjected  to  as  per

the  provisions  of  this  Act.]

Transport  Manager

40.

(1) In  the  event  of  the  Corporation  acquiring  or  establishing  a

Transport Undertaking the Corporation  shall, subject to the approval of the

1[State] Government, appoint a fit person to be the Transport Manager of the

Appointment
of Transport
Manager.

Transport  Undertaking.

(2) The  Transport  Manager  shall  receive  such  monthly  salary  and

allowances  as  the  Corporation  shall  from  time  to  time,  with  the  approval  of

the1[State]  Government  determine:

Provided  that  the  salary  of  the  Transoprt  Manager  shall  not  be  altered

to  his  disadvantage  during  his  period  of  office.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

2. This word was substituted for the word “Crown”, by the Adaptation of Laws Order, 1950.

3 Section 39A was inserted by Mah. 32 of 2011, s.19.

H  610—10

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Leave of
Transport
Manager.

41.

(1)  Leave  of  absence  may  be  granted  from  time  to  time  to  the

Transport  Manager  by  the  Transport  Committee  with  the  assent  of  the

Corporation.

(2) The allowance to be paid to the Transport Manager whilst so absent

on leave shall be of such amount, not exceeding the amount of his salary, as

shall  be  fixed  by  the  Corporation.

(3) During the absence on leave or other temporary vacancy in the office

of  the  Transport  Manager  the  Transport  Committee,  with  the  assent  of  the

Corporation, may appoint a person to act as Transport Manager; every person

so  appointed  shall  exercise  the  powers  and  perform  the  duties  conferred

and  imposed  on  the  Transport  Manager  and  shall  be  subject  to  the  same

liabilities,  restrictions  and  conditions  to  which  the  Transport  Manager  is

liable and shall receive such monthly salary, not exceeding the salary for the

time  being  payable  to  the  Transport  Manager,  as  the  Corporation  shall

determine.

Disqualifications  of  the  Commissioner

42.

(1) No  person  shall  be  qualified  to  be  appointed  or  to  be  the

Commissioner if he has, directly or indirectly, by himself or his partner, any

share  or  interest  in  any  contrat  with,  by  or  on  behalf  of  the  Corporation

 2*    *

*.

(2)  Any  Commissioner  who  shall  acquire,  directly  or  indirectly  by  himself

or his partner, any share or interest in any such contract  3*    * as aforesaid

shall  cease  to  be  Commissioner  and  his  office  shall  become  vacant.

(3) Nothing in this section shall apply to any such share or interest in any

contract  4*       *     with, by or on behalf of the Corporation as, under sub-

clause (ii) or (iv) of clause (b) of sub-section (2) of section 10 it is permissible

for  a  councillor  to  have  without  his  being  thereby  disqualified  for  being  a

councillor.

Commissioner
not to be
interested in
any 1[contract]
with
Corporation.

1 The  words  “in  any  employment  with,  by  or  on  behalf  of  the  Corporation  other  than  a

Commissioner” were deleted by Mah. 42 of 1977, s. 6(a).

2 The words “or employment” were deleted by Mah. 42 of 1977, s. 6(b).

3 The words “or employment” were deleted by Mah. 42 of 1977, s. 6(c).

4 These words were substituted for the words “Contract etc.” by Mah. 42 of 1977, s. 6(d).

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Maharashtra  Municipal  Corporations  Act

53

CHAPTER   III.

PROCEEDINGS OF THE CORPORATION, STANDING COMMITTEE, TRANSPORT COMMITTEE AND

OTHER BODIES.

43. (1) The meetings of the Corporartion, the Standing Committee, 1[the

Wards  Committees],  the  sub-committees  of  the  Standing  Committee,  the

Transport  Committee,  the  sub-committees  of  the  Transport  Committee,

Special  Committees  and  ad-hoc  Committees  shall    be  held  and  the  business

Proceedings
of the
Corporation,
Standing
Committee,
etc.

before them shall be disposed of in the manner prescribed by rules :

2[Provided that the Councillors nominated under clause (b) of sub-section

(2) of section 5 shall, notwithstanding anything contained in this Act including

the Schedule, not have the right to vote at any meeting of the Corporation.]

3[(2) The  Commissioner  or  an  officer  not  below  the  rank  of  the

Deputy  Commissioner  present  on  behalf  of  the  Commisioner  shall  have  the

right to speak at, and otherwise take part in, any meeting of the Corporation

or  any  Committee  thereof  and  express  his  views  in  the  meeting  with  the

permission of the Mayor or the presiding authority of the Committee, but he

shall  not  be  entitled  to  vote  or  to  make  any  proposition.]

(3) The Corporation may require any of its officers to attend any meeting

or meetings of the Corporation at which any matter dealt with by such officer

in the course of his duties is being discussed; when any officer is thus required

to  attend  any  such  meeting,  he  may  be  called  upon  to  make  a  statement  or

explanation  of  facts  or  supply  such  information  in  his  possession  relating  to

any matter dealt with by him as the Corporation may require.

(4) The  Commissioner  shall  have  the  same  right  of  being  present  at  a

meeting of the Standing Committee or of a sub-committee and of taking part

in  the  discussions  thereat  as  a  member  of  the  said  committee,  but  he  shall

not be at liberty to vote upon, or make, any proposition at such meeting.

(5) The  Commissioner  and  in  his  absence  the  Deputy  or  Assistant

Commissioner  authorised  by  the  Commissioner  in  this  behalf  and  the

Transport Manager and in his absence any officer authorised by the Transport

Manager in this behalf shall have the same right of being present at a meeting

of the Transport Committee or of a sub-committee and of taking part in the

discussion  thereat  as  a  member  of  the  said  committee,  but  shall  not  be  at

liberty  to  vote  upon  or  make  any  proposition  at  such  meeting.

44.   A councillor may, subject to the conditions prescribed by rules, ask

questions  on  any  matter  relating  to  the  administration  of  this  Act  or  the

Right to ask
questions.

municipal  government  of  the  City.

1 These words were inserted by Mah. 41 of 1994, s. 64 (a).
2 This proviso was added by Mah. 41 of 1994, s. 64(b).
3 Sub-section (2) was substituted by Mah. 32 of 2011, s.20.

H 610—10a

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

CHAPTER  IV.

MUNICIPAL OFFICERS AND SERVANTS—THEIR APPOINTMENT AND
CONDITIONS OF SERVICE.

City  Engineer,  Medical  Officer  of  Health,  Municipal  Chief  Auditor,
Municipal  Secretary,  Deputy  Municipal  Commissioner  and
Assistant  Municipal  Commissioner.

Appointment
of City
Engineer, etc.

45. (1)  The  Corporation  shall  from  time  to  time  appoint  fit  persons  to

be  City  Engineer,  Medical  Officer  of  Health  1*    *  and  Municipal  Secretary.

(2)  The  Corporation  may  from  time  to  time  with  the  approval  of  the
2[State]  Government  create  an  appointment  of  Deputy  Municipal
Commissioner  or  an  appointment  of  Assistant  Municipal  Commissioner  or
so many such appointments as it considers necessary, and may appoint a fit
person  or  fit  persons  to  such  appointments.

(3) An offcer appointed under this section shall have such qualifications
as may be prescribed under the rules and shall receive such monthly salary
and  allowances  as  the  Corporation  may  with  the  approval  of  the  2[State]
Government  from  time  to  time  fix:

Provided that the salary of no officer shall be altered to his disadvantage

during  his  period  of  office.

(4) Every  appointment  made  under  this  section  excepting  an
appointment  of  Municipal  Secretary  shall  be  subject  to  confirmation  by  the
2[State]    Government  and  any  officer  whose  appointment  the  2[State]
Government  refuses  to  confirm  shall  be  removed  from  office  forthwith.

(5) On  the  occurrence  of  vacancy  in  any  office  specified  in  this  section
an appointment shall be made thereto by the Corporation within four months
from the date on which the vacancy occurred or, in the event of the removal
of  an  officer  under  sub-section  (4),  within  thirty  days  of  the  receipt  by  the
Corporation  of  the  order  of  the  2[State]    Government.

(6) In  default  of  an  appointment  being  made  by  the  Corporation  under
sub-section  (5),  the  2[State]  Govenment  may  appoint  a  fit  person  to  fill  the
vacancy and such appointment shall for all purposes be deemed to have been
made  by  the  Corporation.

(7) Pending  the  settlement  of  an  appointment  under  sub-section  (1)  or
sub-section  (5),  the  Corporation  may  appoint  a  person  to  fill  the  vacancy
temporarily  and  may  direct  that  the  person  so  appointed  shall  receive  such
monthly salary and allowances not exceeding the maximum fixed under sub-
section (3) for the time being as it thinks fit:

Provided that no such appointment shall extend beyond or be made after

a lapse of six months from the date on which the vacancy occurs.

1 The words “ , Municipal Chief Auditor” were deleted by Mah. 12 of 2011, s.4.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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Maharashtra  Municipal  Corporations  Act

55

1[45A. On  and  from  the  10th  March  2011,  being  the  date  of

commencement  of  section  5  of  the  Maharashtra  Municipal  Corporations

(Amendment) Act, 2011, the State Govenment, shall appoint, on deputation,

a  suitable  officer,  not  below  the  rank  of  the  Deputy  Director  from  the

Maharashtra  Finance  and  Accounts  Services  to  be  the  Municipal  Chief

Auditor  on  such  terms  and  conditions,  as  may  be  prescribed:

Provided  that,  nothing  in  this  section  shall  affect  the  appointment  and

terms and conditions of service of the Municipal Chief Auditor holding office

as such on the 10th March 2011 being the date of commencement of section 5

of  the  Maharashtra  Municipal  Corporations  (Amendment)  Act,  2011.].

Mah.
XII of
2011.

Mah.
XII of
2011.

Appointment
of Municipal
Chief
Auditor.

2[45B. (1) Notwithstanding  anything  contained  in  any  other  provisions

of this Act or in any other law for the time being in force, it shall be lawful for

the State Government to notify in the Official Gazette, any post or any class

of posts under  any Corporation, for being filled in, by deputation of a suitable

officer  from  the  cadre  of  the  State  Government,  specified  by  the  State

Power of
State
Government
to notify post
to be filled in
by deputation.

Government,  for  this  purpose :

Provided that, every such notification shall be laid before each House of

the  State  Legislature,  after  it  is  issued.

(2) Every  notification  issued  under  sub-section  (1)  specifying  the  posts

or  class  of  posts,  shall  contain  the  description  of  the  cadre  of  officers

(hereinafter referred to as “the feeder cadre”), of the State Government, from

amongst  whom  the  posts  notified  under  sub-section  (1)  are  to  be  filled.

(3) On  issuing  the  notification  under  sub-section  (1),  the  numercial

strength  of  the  feeder  cadre  shall  stand  increased  by  an  equivalent  number

of  posts  which  shall  be  created  in  such  feeder  cadre.

(4) The  number  of  posts  created  and  added  to  the  feeder  cadre  under

sub-section  (3)  shall,  as  far  as  possible,  be  filled  in  by  selection,  of  one  or

more  suitable  officers  of  the  concerned  Corporation,  in  such  manner  as  may

be  prescribed  by  the  State  Government  by  rules :

Provided  that,  nothing  in  this  section  shall  affect  the  appointment  and

terms  and  conditions  of  service  of  an  incumbent  holdings  such  notified  post

in  the  Corporation,  on  the  date  of  issuing  the  notification  under  sub-section

(1)].

46. The  City  Engineer  and  the  Medical  Officer  of  Health  shall  perform

such  duties  as  they  are  directed  by  or  under  this  Act  to  perform  and  such

other duties as may be required of them by the Commissioner.

1 Section 45A was inserted by Mah. 12 of 2011, s. 5.

2 Section 45B was inserted by Mah. 40 of 2011, s. 3.

Powers and
duties of City
Engineer and
Medical
Officer of
Health.

56

Powers and
duties of
Municipal
Chief Auditor.

Powers and
duties of
Municipal
Secretary.

Maharashtra  Municipal  Corporations  Act

[1949 : LIX

47.

(1)  The  Municipal  Chief  Auditor  shall—

(a)  perform  such  duties  as  he  is  directed  by  or  under  this  Act  to
perform  and  such  other  duties  with  regard  to  the  audit  of  the  accounts
of  the  Municipal  Fund  1[,the  Water  and  Sewage  Fund  and  the
Consolidated Water supply and Sewage Disposal Loan Fund] as shall be
required  of  him  by  the  Corporation  or  by  the  Standing  Committee  and
with regard to the audit of the accounts of the Transport Fund as shall
be  required  of  him  by  the  Transport  Committee;

(b) prescribe, subject to such directions as the Standing Committee
may  from  time  to  time  give,  the  duties  of  the  auditors  and  assistant
auditors,  clerks  and  servants  immediately  subordinate  to  him;  and

(c) subject  to  the  orders  of  the  Standing  Committee,  exercise
supervision and control over the acts and proceedings of the said auditors,
assistant  auditors,  clerks  and  servants  and,  subject  to  the  regulations,
dispose  of  all  questions  relating  to  the  service,  remuneration  and
privileges  of  the  said  auditors,  assistant  auditors,  clerks  and  servants.

(2) The  Municipal  Chief  Auditor  shall  not  be  eligible  for  further  office

under  the  Corporation  after  he  has  ceased  to  hold  his  office.

48. The Municipal Secretary shall be the Secretary of the Corporation

and also of the Standing Committee and shall—

(a) perform  such  duties  as  he  is  directed  by  or  under  this  Act  to
perform  and  such  other  duties  in  and  with  regard  to  the  Corporation
and the Standing Committee as shall be required of him by those bodies
respectively;

(b) have  the  custody  of  all  papers  and  documents  connected  with

the  proceedings  of—

(i) the  Corporation  and  any  Committee  appointed  by  the

Corporation  under  section  30  or  31,

(ii) the  Standing  Committee  and  any  sub-committee  thereof;

(c) prescribe, subject to such directions as the Standing Committee
may  from  time  to  time  give,  the  duties  of  the  officers  and  servants
immediately  subordinate  to  him  ;  and

(d) subject  to  the  orders  of  the  Standing  Committee  exercise
supervision and control over the acts and proceedigs of the said officers
and  servants  and,  subject  to  the  regulations,  dispose  of  all  questions
relating  to  the  service,  remuneration  and  privileges  of  the  said  officers
and  servants.

Powers and
duties of
Deputy or
Assistant
Municipal
Commissioner.

49.

(1) A  Deputy  Municipal  Commissioner  or  Assistant  Municipal
Commissioner  shall,  subject  to  the  orders  of  the    Commissioner,  exercise
such  of  the  powers  and  perform  such  of  the  duties  of  the  Commissioner  as
the  Commissioner  shall  from  time  to  time  depute  to  him:

1 These words were inserted by Mah. 28 of 1990, s. 4.

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Maharashtra  Municipal  Corporations  Act

57

Provided  that  the  Commissioner  shall  inform  the  Corporation  of  the
powers and duties which he from time to time deputes to a Deputy Municipal
Commissioner  or  Assistant  Municipal  Commissioner.

(2) All  acts  and  things  peformed  and  done  by  a  Deputy  Municipal
Commissioner  or  Assistant  Municipal  Commissioner  during  his  tenure  of
office  and  by  virtue  thereof  shall  for  all  purposes  be  deemed  to  have  been
performed  and  done  by  the  Commissioner.

50. (1) The Transport Manager and all officers appointed under section
45 shall, subject to the provisions of sub-section (2), devote their whole time
and attention to the duties of their respective offices and shall not engage in
any  other  profession,  trade  or  business  whatsoever.

Conditions of
service of
statutory
officers of
Corporation.

(2) The  Corporation  may,  subject  to  the  regulations,  permit  the
Transport  Manager  or  any  other  officer  referred  to  in  sub-section  (1)  to
perform while on duty or during leave a specified sevice or series of services
for a private person or body or for a public body, including a local authority
or  for  the  Government  and  to  receive  remuneration  therefor.

(3) The Transport Manager or any other officer referred to in sub-section
(1) shall be removable at any time from office for misconduct or for neglect of,
or incapacity for, the duties of his office on the votes of not less than one half
of  the  whole  number  of  councillors.

(4) In  all  matters  not  otherwise  provided  for  in  this  Act,  the  conditions
of service of the Transport Manager and other officers specified in sub-section
(1) shall be regulated by the regulations.

Other  Officers  and  Servants.

51.

(1) Subject  to  the  provisions  of  sub-section  (4),  the  Standing
Committee  shall  from  time  to  time  determine  the  number,  designations,
grades, salaries, fees and allowances of auditors, assistant auditors, officers,
clerks  and  servants  to  be  immediately  subordinate  to  the  Municipal  Chief
Auditor  and  the  Municipal  Secretary  respectively.

Number,
designations,
grades, etc. of
other
municipal
officers and
servants.

(2) The Commissioner shall, from time to time, prepare and bring before
the Standing Committee a statement setting forth the number, designations
and  grades    of  the  other  officers  and  servants  who  should  in  his  opinion  be
maintained, and the amount and nature of the salaries, fees and allowances
which  he  proposes  should  be  paid  to  each.

(3) The  Standing  Committee  shall,  subject  to  the  provisions  of  sub-
section  (4),  sanction  such  statement  either  as  it  stands  or  subject  to  such
modifications  as  it  deems  expedient.

1[(4) No  new  posts  of  the  officers  and  servants  of  the  Corporation  shall

be  created  without  the  prior  sanction  of  the  State  Government:

Provided  that,  the  decision  of  the  Government  on  a  proposal  complete
in  all  respects,  received  from  the  Corporation  for  creation  of  posts  shall  be
communicated  to  the  Corporation  within  ninety  days  from  the  date  of  the
receipt  of  such  proposal  by  the  Government.]

1 Sub-section (4) was substituted by Mah. 32 of 2011, s. 21 (a).

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Maharashtra  Municipal  Corporations  Act

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(5) Nothing  in  this  section  shall  be  construed  as  affecting  the  right  of
the Corporation or of the Commissioner to make any temporary appointment
which  it  or  he  is  empowered  to  make  under  section  53.

1[Explanation.—Any  revision  of  pay  scale  or  pay  structure  or  grant  of
special pay, or grade, or revision of allowances (excluding dearness allowance)
or change in designation shall be deemed, for the purposes of sub-section (4),
to be the creation of a new post.]

Restriction on
employment
of permanent
officers and
servants.

52. No  permanent  officer  or  servant  shall  be  entertained  in  any
department  of  the  municipal  administration  unless  he  has  been  appointed
under  section  40  or  45,  or  his  office  and  emoluments  are  covered  by  sub-
section  (1)  of  section  51  or  are  included  in  the  statement  sanctioned  under
sub-section (3) of section 51 and for the time being in force.

Power of
appointment
in whom to
vest.

53.

(1) The power of appointing municipal officers, whether temporary
or permanent, 2[to the posts equivalent to or  higher in rank than the post of
the  Assistant  Municipal  Commissioner]  shall  vest  in  the  Corporation:

Provided  that  temporary  appointments  for  loan  works  3[to  the  posts
equivalent  to  or    higher  in  rank  than  the  post  of  the  Assistant  Municipal
Commissioner] may be made for a period of not more than six months by the
Commissioner  with  the  previous  sanction  of  the  Standing  Committee  on
condition  that  every  such  appointment  shall  forthwith  be  reported  by  the
Commissioner to the Corporation and no such appointment shall be renewed
on the expiry of the said period of six months without the previous sanction
of  the  Corporation.

(2) Save as otherwise provided in sub-section (1), the power of appointing
municipal  officers  and  servants,  whether  temporary  or  permanent,  under
the  immediate  control  of  the  Municipal  Chief  Auditor  and  the  Municipal
Secretary shall vest in the Municipal Chief Auditor or the Municipal Secretary,
as  the  case  may  be,  subject,  in  either  case,  to  the  approval  of  the  Standing
Committee unless the said Committee in any particular case or class of cases
dispenses  with  this  requirement.

(3) Save  as  otherwise  provided  in  this  Act,  the  power  of  appointing
municipal  officers  and  servants  whether  permanent  or  temporary  vests  in
the  Commissioner:

Provided  that  such  power  in  respect  of  permanent  appointments  shall
be subject to the statement for the time being in force prepared and sanctioned
under  section  51 :

Provided  further  that  no  temporary  appointment  shall  be  made  by  the
Commissioner for any period exceeding six months and no such appointment

1 Explanation was substituted, by Mah. 32 of 2011, s. 21 (b).

2 These words were substituted for the words “ whose minimum monthly salary exclusive of

allowances is or exceeds four hundred rupees ” by Mah. 32 of 2011, s. 22 (a) (i).

3 These words were substituted for the words “ carrying a monthly salary of rupees four hundred

or more exclusive of allowaness”  by Mah. 32 of 2011, s. 22 (a) (ii).

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

59

1[carrying a salary equivalent to higher in rank than the post of clerk] shall
be renewed by the Commissoner on the expiry of the said  period of six months
without  the  previous  sanction  of  the  Standing  Committee.

54. (1) There  shall  be  a  Staff  Selection  Committee  consisting  of  the
Commissioner  or  any  other  officer  designated  by  him  in  this  behalf,  the
Municipal  Chief  Auditor,  the  Head  of  the  Department  concerned  and  not
more  than  one  other  officer  nominated  by  the  Commissioner.

Manner of
making
appointments.

(2) The  Staff    Selection  Committee  shall,  in  the  manner  prescribed  in
the  rules,  select  candidates  for  all  appointments  in  the  municipal  service
other than appointment referred to in sub-section (1) of section 53 and other
than  those  which  the  Corporation  may,  with  the  previous  approval  of  the
2[State]  Government, by order specify in this behalf, unless it is proposed to
fill  the  appointment  from  amongst  persons  already  in  municipal  service  or
unless  the  appointment  is  of  a  temporary  character  and  is  not  likely  to  last
for more than six months.

(3) Every  authority  competent  to  make  appointments  in  the  municipal
service shall make appointments of the candidates so selected in accordance
with  the  directions  given  by  the  Staff  Selection  Committee.

(4) With  reference  to  officers  and  servants  appointed  under
Chapter  XX,    the  provisions  of  this  section  shall  apply  as  if  for  the  word
“Commissioner”  the  words  “Transport  Manager”  had  been  substituted.

(5) Subject  to  the  provisions  of  this  section,  any  appointment  of  a
municipal  officer  or  servant  shall  be  made  in  the  manner  prescribed  in  the
rules,  save  as  expressly  provided  therein.

55. Nothing in section 51, 52 and 53 shall apply to officers and servants

appointed  under  the  provisions  of  Chapter  XX.

Saving in
respect of
officers and
servants
appointed
under
Chapter XX.

Imposition  of  penalties.

56. (1) A  competent  authority  may  subject  to  the  provisions  of  this  Act
impose any of the penalties specified in sub-section (2) on a municipal officer
or servant if such authority is satisfied that such officer or servant is guilty
of  a  breach  of  departmental  rules  or  discipline  or  of  carelessness,  neglect  of
duty  or  other  miscounduct  or  is  incompetent:

Imposition of
penalties on
municipal
officers and
servants.

Provided  that,—

(a) no  municipal  officer  or  servant  3[holding  the  post  equivalent  to
or  higher  in  rank  than  the  post  of  the  Assistant  Commisioner]  shall  be
dismissed  by  the  Commissioner  without  the  previous  approval  of  the
4[Corporation].

5[(b) any  officer  or  servant  whether  appointed  by  the  Corporation
or  any  other  competent  authority,  except  Transport  Manager  being  a

1 These words were substituted for the words “ carrying a monthly salary of more than one

hundred rupees exclusive of allowances ” by Mah. 32 of 2011, s. 22 (b).

2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 These words were substituted for the words “ where monthly salary exclusive of allowances

exceeds one thousand rupees ” by Mah. 32 of 2011, s. 23 (a) (i).

4 This word was substituted for the words “Standing Committee” by Mah. 32 of 2011, s. 23 (a) (ii).
5 Clause (b) was substituted by Mah. 12 of 1993, s. 14(b).

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Government  officer  on  deputation,  may  be  suspended  by  the  Commis-
sioner pending an order of the Corporation and when the officer so sus-
pended  is  the  Transport  Manager  or  an  officer  appointed  under  section
45,  such  suspension  with  reasons  therefor,  shall,  forthwith  be  reported
by the Commissioner to the Corporation, and such suspension shall come
to  an  end  if  not  confirmed  by  the  Corporation  within  a  period  of  six
months  from  the  date  of  such  suspension :

Provided  that,  such  suspension  of  an  officer  or  servant  pending  in-
quiry  into  the  allegations  against  such  officer  or  servant  shall  not  be
deemed  to  be  a  penalty.]

(c) the  Commissioner  may  impose  any  of  the  penalties  specified  in
clauses (a), (b) 1 * 2 [(e) and (f)] of sub-section (2) on any officer appointed
by  the  Corporation  3[other  than  the  Transport  Manager  if  he  is  a  Gov-
ernment  officer  on  deputation];

(d) the  Municipal  Chief  Auditor  and  the  Municipal  Secretary  may
impose any of the penalties specified in clauses (a), (b), (c), (d) and (e) of
sub-section (2) on any officer or servant immediately subordinate to them
4*   *     *     *    * subject to a right of appeal to the Standing Committee
and the Standing Committee may impose any other penalty on any such
officer or servant and may also impose any penalty on any other officer
or  servant  immediately  subordinate  to  the  Municipal  Chief  Auditor  or
the  Municipal  Secretary.

5 [Explanation.—For  the  purposes  of  this  section  and  section  53,  a  post
shall  be  deemed  to  be  a  rank  equivalent  to  another  post  if  the  minimum
and maximum pay in the pay scale of both the posts are same. A post shall
be deemed to be of a rank higher than another post, if the mimimum pay in
pay scale of former is at least equivalent to the later, but the maximum is
higher than the later. In respect of the pay structure, a post shall be deemed
to be of a rank equivalent to, or higher than another post, if the grade pay
in  pay  structure  of  the  former  is  equivalent  to  or  higher  than  the  later,
respectively.]

(2)   The  penalties  which  may  be  imposed  under  this  section  are  the

following,  namely :—

(a) censure ;

(b) with  holding  of  increments  or  promotion  including  stoppage  at

an  efficiency  bar ;

(c) reduction  to  a  lower  post  or  time-scale,  or  to  a  lower  stage  in  a

time-scale ;

(d) fine ;

(e) recovery  from  salary  of  the  whole  or  part  of  any  pecuniary  loss

caused  to  the  Corporation ;

1 The brackets and letter “(c)” were deleted by Mah. 12 of 1993, s. 14(c) (i).
2 These brackets, letters and words were substituted for the word, brackets and letter “and (e) ”,

by, Mah. 12 of 1993, s. 14(c) (ii).

3 These words were substituted for the words and figures “other than the Transport Manager or

an officer appointed under section 45”, ibid., s. 14(c) (iii).

4 The words ‘‘ and drawing monthly salary not execeeding rupees one hundred and fifty, exclusive

of allowances” were deleted, ibid., s. 14 (d).

5 Explanation was added by Mah. 32 of 2011, s. 23(b).

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61

(f) suspension ;

(g) removal  from  municipal  service  which  does  not  disqualify  from

future  employment ;

(h) dismissal  from  municipal  service  which  ordinarily  disqualifies

from  future  employment.

(3) No officer or servant shall be reduced to a lower post or removed or
dismissed  from  service  under  this  section  unless  he  has  been  given  a

reasonable  opportunity  of  showing  cause  against  such  reduction,  removal  or
dismissal  :

Provided  that  this  sub-section  shall  not  apply,—

(a) where a person is reduced, removed or dismissed on the ground

of conduct which has led to his conviction on a criminal charge ; or

(b)  where  the  competent  authority  is  satisfied  that,  for  reasons  to
be recorded in writing by such authority, it is reasonably practicable to
give  that  person  an  opportunity  of  showing  cause.

(4)  Subject  to  the  provisions  of  clause  (d)  of  the  proviso  to  sub-section
(1),  any  municipal  officer  or  servant  who  is  reduced,  removed  or  dismissed
by  any  authority  other  than  the  Corporation  may,  within  one  month  of  the

communication to him of the order of reduction, removal or dismissal, appeal
to  the  authority  immediately  superior  to  the  authority  which  imposed  the
penalty and the appellate authority may, after obtaining the remarks of the

authority  which  imposed  the  penalty,  either  confirm  the  order  passed  or
substitute  for  it  such  order  as  it  considers  just,  including  an  order  for  the
imposition of some lesser penalty, and effect shall forthwith be given to any

order  passed  by  the  appellate  authority  which  shall  be  conclusive  :

Proided that for the purposes of this sub-section the Standing Committee
shall be deemed to be the authority immediately superior to the Commissioner

and the Corporation shall be deemed to be the authority immediately superior
to  the  Standing  Committee.

(5) With reference to officers and servants appointed under Chapter XX

the provisions of this section shall apply as if for the word ‘‘ Commissioner ’’
the  words  ‘‘  Transport  Manager’’  and  for  the  words  ‘‘Standing  Committee’’
the  words  ‘‘Transport  Committee’’  had  been  substituted.

Explanation.—(1) For the purposes of this section a competent authority
is the authority which under the provisions of this Act is competent to make
the appointment to the post held by the particular municipal officer or servant.

(2)  The  monthly  salary  which  would  ordinarily  be  admissible  to  a
municipal  officer  or  servant  on  the  date  immediately  preceding  the  date  of
the order imposing a penalty shall be deemed to be his salary for the purposes

of  the  proviso  to  sub-section  (1).

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Leave of
absence.

Leave  of  absence,  acting  appointments,  etc.

57.

(1) Leave  of  absence  may  be  granted  subject  to  the  regulations  by
the Commissioner to any municipal officer or servant whom he has the power
of appointing and for a period not exceeding one month to any other municipal
officer, other than the Transport Manager, officers and servants immediately
subordinate  to  the  Municipal  Chief  Auditor  or  the  Municipal  Secretary  and
officers  and  servants  appointed  under  Chapter  XX.

(2) Leave of absence may be granted by the Municipal Chief Auditor or
the Municipal Secretary, as the case may be, to a clerk or servant immediately
subordinate  to  him  and  receiving  a  monthly  salary,  exclusive  of  allowances,
not  exceeding  one  hundred  and  fifty  rupees.

(3) Leave of absence may be granted by the Standing Committee to any
officer  or  servant  not  covered  by  sub-section  (1)  or  sub-section  (2)  excepting
the  Transport  Manager  and  officers  and  servants  appointed  under  the
provisions  of  Chapter  XX.

Acting
appointments.

58.

(1) The  appointment  of  a  person  to  act  in  the  place  of  an  officer
absent on leave may be made when necessary and subject to the regulations
by the authority granting the leave of absence :

Provided  that—

(a) when  an  officer  appointed  under  section  45  is  granted  leave  of
absence  for  a  period  exceeding  one  month,  the  appointment  of  a  person
to  act  for  him  shall  be  made  by  the  Corporation  and,  excepting  an  ap-
pointment to act for the Municipal Secretary, shall be reported forthwith
to  the  1[State]  Government  ;

(b) any  appointment  reported  to  the  1[State]  Government  under
clause  (a)  may  be  disallowed  by  it  and  from  the  time  of  being  so  disal-
lowed shall be null and void as from the date of the receipt by the Corpo-
ration  of  the  order  of  the  1[State]  Government.

(2) A person appointed under this section to act for any officer or servant
shall, while so acting, perform the same duties and exercise the same powers
and be subject to the same liabilities, restrictions and conditions which such
officer or servant is bound to perform or may exercise or to which such officer
or  servant  is  liable.

Disqualification  of  municipal  officers  and  servants.

Disqualification
of municipal
officers and
servants.

59.

(1) Any  person  who  has,  directly  or  indirectly,  by  himself  or  his
partner,  any  share  or  interest  in  any  contract  with,  by,  or  on  behalf  of  the
Corporation, 2*
* shall be disqualified for being
*
a  municipal  officer  or  servant.

*

*

*

*

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

2 The words ‘‘ or in any employment, with, by, or on behalf of the Corporation other than as a

municipal officer or servant ” were deleted by Mah. 42 of 1977, s. 7(a).

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63

(2)  Any  municipal  officer  or  servant  who  shall  acquire,  directly  or

indirectly, by himself or his partner, any share or interest in any such contract,

1*

*

*

 as aforesaid shall cease to be a municipal officer or servant

and his office shall become vacant.

(3) Nothing  in  this  section  shall  apply  to  any  such  share  or  interest  in

any contract  2*   *   * with, by, or on behalf of the Corporation as under sub-

clause (ii) or (iv) of clause (b) of sub-section (2) of section 10, it is permissible

for  a  councillor  to  have,  without  his  being  thereby  disqualified  for  being  a

councillor.

Explanation.—The expression “municipal officer” includes the Transport

Manager appointed under section 40 and any person appointed to act for the

Transport  Manager  under  section  41.

3[59A.  Notwithstanding  anything  contained  in  section  53  or  any  other

provisions  of  this  Act,  the  Commissioner  shall  be  competent  to  sanction

prosecution of any officer or servant of the Corporation which has been sought

by the Police or any other Government agency. The Commissioner shall inform

about  grant  of  any  such  sanction  to  the  Municipal  Corportation  in  the  next

Sanction for
prosecution of
officers and
servants of
Corporation.

ensuing  meeting  of  the  Corporation].

Occupation of,
and  liability
to vacate,
premises
provided by
Corporation
for municipal
officers and
servants.

60. (1) Any  municipal  officer  or  servant  occupying  any  premises

provided  by  the  Corporation  for  his  residence,—

(a) shall  occupy  the  same  subject  to  such  conditions  and  terms  as

may,  generally  or  in  special  cases,  be  prescribed  by  the  Corporation,

and

(b) shall,  notwithstanding  anything  contained  in  any  law  for  the

time  being  in  force,  vacate  the  same  on  his  resignation,  dismissal,  re-

moval  or  retirement  from  the  service  of  the  Corporation  or  whenever

the  Commissioner,  with  the  approval  of  the  Corporation,  thinks  it  nec-

essary  and  expedient  to  require  him  to  do  so.

(2) If any person who is bound or required under sub-section (1) to vacate

any premises fails to do so, the Commissioner may order such person to vacate

such  premises  and  may  take  such  measures  as  will  prevent  him  from

remaining  on  or  again  entering  on  the  premises.

(3) With  reference  to  a  municipal  officer  or  servant  appointed  under

Chapter  XX,  the  provisions  of  this  section  shall  apply  as  if  for  the  word

“Commissioner”  the  words  “Transport  Manager”  had  been  substituted.

1. The words  “non employment ” were deleted by Mah. 42 of 1977, s. 7(b).

2. The words “or employment” were deleted by Mah. 42 of 1977, s. 7(c).

3. Section 59A was inserted by Mah. 29 of 2011, s. 4.

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1[CHAPTER   IV-A.

DISCLOSURE OF SPECIFIED INFORMATION.

Disclosure of
specified
information.

60A.

(1) The Corporation shall maintain and publish all its record duly

catalogued and indexed in a manner, and form which enables the Corporation

to  disclose  the  information  specified  in  sub-section  (3).

(2) The manner of disclosure of information shall include the publication

of  the  information,—

(i) in  News  papers  ;

(ii) on  Internet  ;

(iii) on  Notice  boards  of  the  Corporation  at  its  Head  Office  as  well

as Ward Offices ;

(iv) by such other mode, as may be prescribed :

Provided that, the information shall be disclosed in the language in

which  it  is  available  with  the  Corporation.

(3) The  Corporation  shall  be  required  to  disclose  the  following

information,  namely  :—

(i) particulars  of  the  Corporation  ;

(ii) a statement showing the boards, councils, committees and other

bodies, by whatever name called, constituted for the purpose of exercising

the  functions  of  the  Corporation  or  rendering  advise  to  it,  whether  or

not the meetings of those boards, councils, committees and other bodies

are open to the public or the minutes of such meetings are accessible to

the public ;

(iii) a  directory  of  its  officers  and  employees  ;

(iv) the  particulars  of  officers  who  are  empowered  to  grant

concessions,  permits  or  authorisations  for  any  activity  of  the

Corporation  ;

(v) audited  financial  statements  showing  Balancesheet,  Receipts

and Expenditures, and cash flow on a quarterly basis, within two months

of  end  of  each  quarter,  and  audited  financial  statements  for  the  full

financial year, within three months of the end of the financial year ;

1 Chapter IV-A was inserted by Mah. 33 of 2007, s. 3.

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65

(vi) the  statement  showing  each  of  the  services  provided  by  the

Corporation  ;

(vii) particulars  of  all  plans,  proposed  expenditures,  actual

expenditures  on  major  services  provided  or  activities  performed  and

reports  on  disbursements  made;

(viii) details  of  subsidy  programmes  on  major  services  provided  or

activities  performed  by  the  Corporation,  and  manner  and  criteria  of

indentification  of  beneficiaries  for  such  programmes  ;

(ix) particulars  of  the  master  plan,  city  development  plan  or  any

other  plan  concerning  the  development  of  the  municipal  area  ;

(x) the particulars of major works, as may be specified by notification

by  the  State  Government,  in  the  Official  Gazette,  together  with

information  on  the  value  of  works,  time  of  completion  and  details  of

contract  ;

(xi) the details of the municipal funds, i.e. income generated in the

previous  year  by  the  following  :—

(a) taxes, duties, cess and surcharge, rent from the properties,

fees  from  licenses  and  permissions  ;

(b) taxes, duties, cess and surcharge, rent from the properties,

fees from licenses and permissions that remain uncollected and the

reasons  thereof  ;

(c) share  of  taxes  levied  by  the  State  Government  and

transferred  to  the  Corporation  and  the  grants  released  to  the

Corporation  ;

(d) grants  released  by  the  State  Government 

for

implementation  of  the  schemes,  projects  and  plans  assigned  or

entrusted to the Corporation, the nature and extent of utilization ;

(e) money raised through donation or contribution from public

or  non-governmental  agencies  ;

(xii) annual  budget  allocated  to  each  ward  ;

(xiii) such  other  information,  as  may  be  prescribed.]

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Members of
essential
services not to
resign, etc.,
without
permission.

CHAPTER   V.

ESSENTIAL SERVICES.

61. (1)  No  member  of  an  essential  service  shall,—

(a) without  the  written  permission  of  the  Commissioner  or  any

officer  authorised  by  him  in  this  behalf,  resign  his  office,  withdraw  or

absent himself from the duties thereof without at least two months’ notice

given  in  writing  to  the  Commissioner,  except  in  the  case  of  illness  or

accident  disabling  him  for  the  discharge  of  his  duties,  or other  reason

accepted  as  sufficient  by  the  Commissioner  or  such  officer,  or

(b) neglect or refuse to perform his duties or willfully perform them

in a manner which, in the opinion of the Commissioner or such officer, is

inefficient.

(2) With reference to a member of an essential service who is appointed

under  Chapter  XX,  the  provisions  of  this  section  shall  apply  as  if  for  the

word “Commissioner” the words “Transport Manager” had been subsitituted.

Power of
1[State]
Govenment to
declare
emergency.

62. If the 1[State] Government is of the opinion that the stoppage or the

cessation of the performance of any of the essential services will be prejudicial

to the safety or health or the maintenance of services essential to the life of

the  community  in  the  City,  it  may,  by  notification  in  the  Official  Gazette,

declare that an emergency exists in the City and that in consequence thereof

no  member  of  such  of  the  essential  services  and  for  such  period  as  may  be

specified in the notification shall, notwithstanding any law for the time being

in  force  or  any  agreement,—

(a) withdraw  or  absent  himself  from  his  duties  except  in  the  case

of  illness  or  accident  disabling  him  from  the  discharge  of  his  duties,  or

(b) neglect or refuse to perform his duties or willfully perform them

in  a  manner  which  in  the  opinion  of  such  officer  as  the  1[State]

Government  may  specify  in  this  behalf  is  inefficient.

1 This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaptation  of  Laws

Order, 1950.

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67

CHAPTER   VI.

DUTIES AND POWERS OF THE MUNICIPAL AUTHORITIES AND OFFICERS.

Obligatory  and  Discretionary  Duties  of  the  Corporation.

63.

It shall be incumbent  on the Corporation to make reasonable and
adequate provision, by any means or measures which it is lawfully competent
to it to use or to take, for each of the following matters, namely :—

Matters to be
provided for
by the
Corporation.

(1)  erection  of  substantial  boundary  marks  of  such  description  and
in  such  positions  as  shall  be  approved  by  the  1[State]  Government
defining the limits or any alteration in the limits of the City ;

2[(1a) planning  for  social  and  economic  development  ;

(1b) urban  forestry,  protection  of  the  environment  and  promotion

of  ecological  aspects  ;]

(2) the watering, scavenging and cleansing of all public streets and

places in the City and the removal of all sweepings therefrom ;

(3) the  collection,  removal,  treatment  and  disposal  of  sewage,
offensive  matter  and  rubbish  and,  if  so  required  by  the  1[State]
Govenment,  the  preparations  of  compost  manure  from  such  sewage,
offensive matter and rubbish ;

(4) the  construction,  maintenance  and  cleansing  of  drains  and
drainage  work  and  of  public  latrines,  water-closets,  urinals  and  similar
conveniences ;

(5) the  entertainment  of  a  fire-brigade  equipped  with  suitable
appliances  for  the  extinction  of  fires  and  the  protection  of  life  and
property  against  fire  ;

(6) the  construction  or  acquisition  and  maintenance  of  public
hospitals  and  dispensaries  including  hospitals  for  the  isolation  and
treatment  of  persons  suffering  or  suspected  to  be  infected  with  a
contagious  or  infectious  disease  and  carrying  out  other  measures
necessary  for  public  medical  relief  ;

(7) the  lighting  of  public  streets,  municipal  markets  and  public

buildings  vested  in  the  Corporation  ;

(8) the  maintenance  of  a  municipal  office  and  of  all  public
monuments and open spaces and other property vesting in Corporation ;

(9) the naming or numbering of streets and of public places vesting

in  the  Corporation  and  the  numbering  of  premises ;

(10) the regulation and abatement of offensive and dangerous trades

or  practices ;

(11) the  maintenance,  change  and  regulation  of  places  for  the
disposal of the dead and the provision of new places for the said purpose
and  disposing  of  unclaimed  dead  bodies  ;

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

2 These clauses were inserted by Mah. 41 of 1994, s. 65.

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(12) the  construction  or  acquisition  and  maintenance  of  public
markets  and  slaughter-houses  and  the  regulation  of  all  markets  and
slaughter-houses  ;

(13) the  construction  or  acquisition  and  maintenances  of  cattle-

ponds  ;

(14) public  vaccination  in  accordance  with  the  provisions  of  the

*Bombay  District  Vaccination  Act,  1892  ;

Bom. I
of
1892.

(15) maintaining,  aiding  and  suitably  accommodating  Schools  for

primary  education;

(16) the reclamation of unhealthy localities, the removal of noxious

vegetation  and  generally  the  abatement  of  all  nuisances  ;

(17) the  registration  of  births  and  deaths  ;

(18) the  construction,  maintenance,  alteration  and  improvement  of

public  streets,  bridges,  sub-ways,  culverts,  cause-ways  and  the  like  ;

(19) the removal of obstructions and projections in or upon streets,

bridges,  and  other  public  places  ;

(20) the management and maintenance of all municipal water works
and the construction or acquisition of new works necessary for a sufficient
supply  of  water  for  public  and  private  purposes  ;

(21) preventing  and  checking  the  spread  of  dangerous  diseases  ;

(22) the  securing  or  removal  of  dangerous  buildings  and  places  ;

(23) the  construction  and  maintenance  of  residential  quarters  for

the  municipal  conservancy  staff;

(24) fulfilment  of  any  obligation  imposed  by  or  under  this  Act  or

any other law for the time being in force ;

(25) subject  to  adequate  provision  being  made  for  the  matters
specified  above,  the  provision  of  relief  to  destitute  persons  in  the  City
in times of famine and scarcity and the establishment and maintenance
of  relief  works  in  such  times.

Corporation
to provide for
anti-rabic
treatment.

64. The Corporation shall make payments at such rates and subject to
such  conditions  as  the  1[State]  Government  from  time  to  time  by  general  or
special order prescribes, for the maintenance and treatment in any institution
which the 1[State] Government declares by notification in the Official Gazette
to be suitable for the purpose either within or without the City and for other
necessary  expenses  of  persons  undergoing  anti-rabic  treatment  as  indigent
persons  according  to  the  rules  applicable  to  such  institutions  :

Provided  that  the  Corporation  shall  not  be  liable  under  this  section  for
the  maintenance,  treatment  and  other  expenses  of  any  person  undergoing
anti-rabic treatment as an indigent person in any such institution as aforesaid,
unless  such  person  immediately  previous  to  his  admission  thereto  has  been
resident in the City for at least one year and has proceeded to such institution
from  the  City.

* See, now the Maharashtra Vaccination Act, 1964 (Mah. XXXVII of 1964).

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

1949 : LIX]

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69

65.

(1)  The  Corporation  shall  make  payments  at  such  rates  for  each
person  as  the  1[State]  Government  from  time  to  time  by  general  or  special
order prescribes for the maintenance and treatment at any asylum, hospital
or house, within or without the City, which the 1[State] Government declares
by notification in the Official Gazette, to be suitable for the purpose of pauper
lunatics,  not  being  persons  for  whose  confinement  an  order  under  Chapter
XXXIV  of  the  *Code  of  Criminal  Procedure,  1898,  is  in  force  and  of  lepers
resident within, or under any enactment for the time being in force removed
from, the City :

V of
1898.

Corporation
to provide for
maintenance
of lunatics
and lepers.

Provided  that  the  Corporation  shall  not  be  liable  under  this  section  for
the  maintenance  and  treatment  of  any  lunatic  or  leper  in  any  such  asylum,
hospital  or  house  as  aforesaid,  unless  such  lunatic  or  leper  immediately
previous  to  his  admission  thereto  has  been  resident  in  the  City  for  at  least
one year :

Provided  further  that  the  rates  prescribed  by  the  1[State]  Government
under  this  section  shall  not  exceed  half  the  total  cost  of  maintenance  and
treatment  incurred  for  each  person  on  account  of  the  lunatics  for  whose
maintenance and treatment the Corporation shall be liable under this section:

IV of
1912.

Provided  also  that  where  an  application  is  made  to  the  Court  under
section  88  of  the  Indian  Lunacy  Act,  1912,  no  order  for  the  payment  of  the
cost of maintenance of the lunatic by the Corporation shall be made without
an opportunity being given to the Corporation to show that the lunatic is not
pauper  and  has  an  estate  applicable  to  his  maintenance  or  that  there  is  a
person legally bound and having the means to maintain him.

(2) The Officer in charge of an asylum, hospital or house to which lunatics
or  lepers  for  whose  maintenance  and  treatment  the  Corporation  is  liable
under this section are admitted shall maintain a clear account of the cost of
maintenance and treatment incurred on account of such persons detained in
the  asylum,  hospital  or  house  and  shall  furnish  a  copy  thereof  to  the
Corporation.

66. The  Corporation  may,  in  its  discretion,  provide  from  time  to  time,

either  wholly  or  partly,  for  all  or  any  of  the  following  matters,  namely :—

(1)  the  organisation,  maintenance  or  management  of  institutions
within or without the City for the care of persons who are infirm, sick or
incurable, or for the care and training of blind, deaf, mute or otherwise
disabled  persons  or  of  handicapped  children;

2[(1A)  slum  improvement  and  upgradation  ;

(1B)  urban  poverty  alleviation  ;

(1C)  cattle  pounds  and  prevention  of  cruelty  to  animals  ;

(1D)  regulation  of  tanneries  ;]

(2) the organisation, maintenance or management of maternity and

infant  welfare  homes  or  centres  ;

* See now the Code of Criminal Procedure, 1973 (2 of 1974).

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

2 These clauses were inserted by Mah. 41 of 1994, s. 66.

H 610—12a

Matters which
may be
provided for
by
Corporation
at  its
discretion.

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[1949 : LIX

(3) the provision of milk to expectant or nursing mothers or infants

or  school  children  ;

(4) the  organisation,  maintenance  or  management  of  chemical  or
bacteriological  laboratories  for  the  examination  or  analysis  of  water,
food  or  drugs,  for  the  detection  of  diseases  or  for  researches  connected
with  public  health ;

(5) swimming  pools,  public  wash  houses,  bathing  places  and  other

institutions  designed  for  the  improvement  of  public  health  ;

(6) dairies  or  farms  within  or  without  the  City  for  the  supply,
distribution  and  processing  of  milk  or  milk  products  for  the  benefit  of
the residents of the City ;

(7) the  construction  and  maintenance  in  public  streets  or  places  of

drinking fountains for human beings and water-troughs for animals ;

(8) the  planting  and  maintenance  of  trees  on  road  sides  and

elsewhere ;

(9) the  provision  of  music  for  the  people  ;

(10)  the  provision  of  public  parks,  gardens,  play-grounds  and

recreation  grounds  ;

(11) the  holding  of  exhibitions,  atheletics  or  games  ;

(12) the  regulation  of  lodging  houses,  camping  grounds  and  rest

houses  in  the  City ;

(13) the maintenance of an ambulance service ;

(14) the  construction,  establishment  and  maintenance  of  theatres,

rest-houses,  other  public  buildings  ;

(15) the organisation or maintenance, in times of scarcity, of shops

or stalls for the sale of necessaries of life ;

(16) the  building  or  purchase  and  maintenance  of  dwellings  for

municipal  officers  and  servants  ;

(17) the grant of loans for building purposes to municipal servants
1* * * on such terms and subject to such conditions as may be prescribed
by  the  Corporation ;

(18) any  other  measures  for  the  welfare  of  municipal  servants  or

any class of them ;

(19) the  purchase  of  any  undertaking  for  the  supply  of  electric
energy  or  gas  or  the  starting  or  subsidising  of  any  such  undertaking
which may be in the general interest of the public ;

(20) the  construction,  purchase,  organisation,  maintenance  or
management  of  light,  railways,  tramways,  trackless  trams,  or  motor
transport  facilities  for  the  conveyance  of  the  public  or  goods  within  or
without the City ;

(21) the  furtherence  of  educational  objects  other  than  those
mentioned in clause (15) of section 63 and making grants to educational
institutions  within  or  without  the  City  ;

(22) the  establishment  and  maintenance  or  the  aiding  of  libraries,
museums  and  art  galleries,  botanical  or  zoological  collections  and  the
purchase  or  construction  of  buildings  therefor  ;

1 The words “drawing a monthly salary of not more than four hundred rupees” were deleted by

Mah. 27 of 1975, s. 2.

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Maharashtra  Municipal  Corporations  Act

71

(23) the construction or maintenance of infirmaries or hospitals for

animals ;

(24) the  destruction  of  birds  or  animals  causing  a  nuisance,  or  of
vermin, and the confinement or destruction of stray or ownerless dogs ;

(25) contributions  towards  any  public  fund  raised  for  the  relief  of

human suffering within the City or for the public welfare ;

(26) the  preparation  or  presentation  of  addresses  to  persons  of

distinction;

(27) the  registration  of  marriages  ;

(28) the  granting  of  rewards  for  information  which  may  tend  to

secure  the  correct  registration  of  vital  statistics  ;

(29) paying  the  salaries  and  allowances,  rent  and  other  charges
incidental to the maintenance of the Court of any stipendiary magistrate
or any portion of such charges ;

(30) the  acquisition  and  maintenance  of  grazing  grounds  and  the

establishment and maintenance of a breeding stud ;

(31) establishing and maintaining a farm or factory for the disposal

of sewage ;

(32) supplying,  constructing  and  maintaining,  in  accordance  with
the  general  system  approved  by  the  Corporation,  receptacles,  fittings,
pipes and other appliances whatsoever on or for the use of premises for
receiving and conducting the sewage thereof into drains under the control
of  the  Corporation;

(33) granting  rewards  for  information  regarding  the  infringement
of  any  provisions  of  this  Act,  or  of  the  rules,  bye-laws,  regulations  or
standing  orders;

(34) laying  out  whether  in  areas  previously  built  upon  or  not,  new
public streets and acquiring land for that purpose and land required for
the construction of buildings or curtileges thereof to abut on such street
or  streets  ;

(35) the building or purchase and maintenance of suitable dwellings
for the poor and working classes, or the grant of loans or other facilities
to  any  person,  society  or  institution  interested  in  the  provision  of  such
dwellings;

(36) the  provision  of  shelter  to  destitute  or  homeless  persons  and

any  form  of  poor  relief;

(37) the building or purchase and maintenance of sanitary stables,
or  byres  for  horses,  ponies  or  cattle  used  in  hackney  carriages  or  carts
or  for  milch-kine;

(38) surveys of buildings or lands ;

(39) measures  to  meet  any  calamity  affecting  the  public  in  the

City ;

(40) making contributions to the funds of the Local Self Government

Institute  Bombay;

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

1[(41)  making  any  contribution  towards  any  public  reception,

ceremony  or  entertainment:

Provided that, the total expenditure on account of such contribution
during any official year shall not exceed rupees twenty-five thousand or
such higher amount as the State Government may, from time to time, by
notification  published  in  the  Official  Gazette,  specify  in  this  behalf.]

2[(41A)  with  the  previous  sanction  of  the  State  Government  and
subject  to  such  terms  and  conditions  as  the  State  Government  may
impose, subscribing to the share capital of any company or co-operative
society,  with  a  limited  liability,  established  or  to  be  established  for
maintaining or setting up a slaughter house, or for providing any other
services in the City, useful to the Corporation in carrying out any of the
duties imposed upon it by or under this Act or any other law for the time
being in force ;]

(42)  any  measure  not  hereinbefore  specifically  named,  likely  to

promote  public  safety,  health,  convenience  or  instruction.

Performance
of functions by
agencies.

3[66A. When  any  duty  has  been  imposed  on,  or  any  function  has  been
assigned to, a Corporation under this Act or any other law for the time being
in  force,  or  a  Corporation  has  been  entrusted  with  the  implementation  of  a
scheme  by  the  State  Government  or  any  other  authority,—

(i) the Corporation may, either discharge such duty or perform such

function  or  implement  such  schemes  by  itself;  or

(ii)  subject  to  such  directions  as  may  be  issued  and  the  terms  and
conditions  as  may  be  determined  by  the  State  Government,  cause  it  to
be  discharged,  performed  or  implemented  by  any  agency  :

Provided  that,  the  Corporation  may  also  specify  terms  and
conditions,  not  inconsistent  with  the  terms  and  conditions  determined
by  the  State  Government  for  such  agency  arrangement.]

Respective  functions  of  the  several  Municipal  Authorities.

Function of
the several
municipal
authorities.

67.

(1)  The  respective  functions  of  the  several  municipal  authorities

shall be such as are specifically prescribed by or under this Act.

(2) Except  as  otherwise  expressly  provided  in  this  Act,  the  municipal

government  of  the  City  vests  in  the  Corporation.

(3) Subject,  whenever  it  is  in  this  Act  expressly  so  directed,  to  the
approval  or  sanction  of  the  Corporation  or  the  Standing  Committee  and
subject  also  to  all  other  restrictions,  limitations  and  conditions  imposed  by
this Act or by any other law for the time being in force, the entire executive
power  for  the  purpose  of  carrying  out  the  provisions  of  this  Act  and  of  any

1 Clause (41) was substituted for the original by Mah. 42 of 1977, s. 8.

2 Clause (41A) was inserted by Mah. 68 of 1975, s. 2.

3 Section 66A was inserted by Mah. 41 of 1994, s. 67.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

73

other Act for the time being in force which imposes any duty or confers any
powers  on  the  Corporations  vests  in  the  Commissioner,  who  shall  also—

(a)  perform  all  the  duties  and  exercise  all  the  powers,  specifically
imposed  or  conferred  upon  him  by  this  Act  or  by  any  other  law  for  the
time being in force ;

(b)  prescribe  the  duties  of,  and  exercise  supervision  and  control
over,  the  acts  and  proceedings  of  all  municipal  officers  and  servants,
other  than  the  Municipal  Secretary  and  the  Municipal  Chief  Auditor
and the municipal officers and servants immediately subordinate to them,
and  subject  to  the  regulations,  dispose  of  all  questions  relating  to  the
service  of  the  said  officers  and  servants  and  their  pay,  privileges  and
allowances ;

(c) in any emergency take such immediate action for the service or
safety  of  the  public  or  the  protection  of  the  property  of  the  Corporation
as  the  emergency  shall  appear  to  him  to  justify  or  to  require
notwithstanding that such action cannot be taken under this Act without
the  sanction,  approval  or  authority  of  some  other  municipal  authority
or  of  the  1[State]  Government:

Provided  that  the  Commissioner  shall  report  forthwith  to  the
Standing Committee and to the Corporation the action he has taken and
his reasons for taking the same and the amount of cost, if any, incurred
or  likely  to  be  incurred  in  consequence  of  such  action  which  is  not
covered  by  a  current  budget-grant  under  the  provisions  of  this  Act;

(d) perform  the  duties  and  exercise  the  powers  imposed  or
conferred upon the Transport Manager by this Act in his absence or on
failure  by  him  to  perform  or  exercise  the  same.
(4)  Subject,  whenever  expressly  so  directed  in  this  Act,  to  the  approval
of  the  Corporation  or  the  Transport  Committee  and  subject  also  to  all  other
restrictions,  limitations  and  conditions  imposed  by  this  Act,  the  entire
executive  power  for  the  purpose  of  carrying  out  the  provisions  of  Chapter
XX vests in the Transport Manager who shall also,—

(a)  perform  all  the  duties  and  exercise  all  the  powers  specifically
imposed or conferred upon him by this Act and perform such other duties
in  connection  with  the  Transport  Undertaking  as  may  be  required  of
him by the Transport Committee ;

(b)  prescribe  the  duties  of,  and  exercise  supervision  and  control
over  the  acts  and  proceedings  of  all  municipal  officers  and  servants
appointed  under  Chapter  XX  and,  subject  to  the  regulations,  dispose  of
all questions relating to the service of the said officers and servants and
their  pay,  privileges  and  allowances  ;

(c) in any emergency, take such immediate action for the protection
of  human  life  or  of  the  property  of  the  Corporation  or  for  the  mainte-
nance  of  the  service  provided  to  the  public  by  the  Transport  Undertak-
ings  as  the  emergency  shall  appear  to  him  to  justify  or  require,  report-
ing  forthwith  to  the  Transport  Committee,  when  he  has  done  so,  the

1 This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

action he has taken and his reason for taking the same and the amount
of  cost,  if  any,  incurred,  or  likely  to  be  incurred  in  consequence  of  such
action,  which  is  not  covered  by  a  budget-grant  under  the  provisions  of
this  Act.

Environment
Status
Report.

1[67A.  The Commissioner shall, before the thirty-first day of July every
year,  place  before  the  Corporation  a  report  on  the  status  of  environment
within  the  city  in  respect  of  the  last  preceding  official  year  covering  such
matters,  and  in  such  manner  as  may  be  specified  by  the  State  Government
from  time  to  time.]

Commissioner
to exercise
powers and
perform
duties of
Corporation
under other
laws.

Municipal
officers may
be empowered
to exercise
certain of the
powers, etc., of
the
Commissioner
or the
Transport
Manager.

68.

(1) Any powers, duties and functions conferred or imposed upon or
vested in the Corporation by any other law for the time being in force shall,
subject to the provisions of such law and to such restrictions, limitations and
conditions  as  the  Corporation  may  impose,  be  exercised,  performed  or
discharged  by  the  Commissioner.

(2) The Commissioner may with the approval of the Standing Committee
by  order  in  writing  empower  any  municipal  officer  to  exercise,  perform  or
discharge  any  such  power,  duty  or  function  under  the  control  of  the
Commissioner  and  subject  to  his  revision  and  to  such  conditions  and
limitations, if any, as he shall think fit to prescribe.

69.

(1)  Subject  to  the  provisions  of  sub-sections  (2)  and  (3),  any  of  the
powers,  duties  or  functions  conferred  or  imposed  upon  or  vested  in  the
Commissioner or the Transport Manager by or under any of the provisions of
this Act may be exercised, performed or discharged, under the control of the
Commissioner or the Transport Manager, as the case may be, and subject to
his revision and to such conditions and limitations, if any, as may be prescribed
by  rules,  or  as  he  shall  think  fit  to  prescribe  in  a  manner  not  inconsistent
with  the  provisions  of  this  Act  or  Rules,  by  any  municipal  officer  whom  the
Commissioner  or  the  Transport  Manager  generally  or  specially  empowers
by order in writing in this behalf; and to the extent to which any municipal
officer is so empowered the word  “Commissioner” and the words “ Transport
Manager “ occurring in any provision in this Act, shall be deemed to include
such  officer.

(2) The  Commissioner  shall  not,  except  with  the  prior  approval  of  the
Standing Committee, make an order under sub-section (1) affecting his powers,
duties  or  functions  under  any  of  the  following  sections,  sub-sections  and
clauses,  namely  :—

10  (1)  (h),  12(1),  18(1),  26(2),  43(2),  43(4),  43(5),  51(2),  67(3)(b),
67(3)(d), 71(2), 73, 77, 78(1), 85, 86, 87, 90, 92(2), 94, 95, 121, 122, 125, 126,
130(1)(b), 131(1), 134, 137, 144, 152, 154, 160, 174, 176,177, 188, 195, 196,
197, 201, 205, 207, 208, 209, 210, 212, 213, 214, 216, 220, 224, 232, 243, 268,
269, 270, 272(2), 273, 274, 275(1), 277, 278, 281, 298, 300, 301, 303, 304,
305, 310, 317, 319, 321, 322, 323, 324, 325, 328, 329, 330, 331, 332, 363, 364,
371(2), 373, 386(2), 439(3), 439(4),441,442,445,466,481 except clause (a) of
sub-section  (1).

(3) The  Transport  Manager  shall  not,  except  with  the  prior  approval  of
the Transport Committee, make an order under sub-section (1) affecting his

1 Section 67A was inserted by Mah. 41 of 1994, s. 68.

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Maharashtra  Municipal  Corporations  Act

75

Corporation
may call for
extracts from
proceedings,
etc., from the
Standing
Committee,
etc.

Corporation
may require
Commissioner
to produce
documents
and furnish
returns,
reports, etc.

powers,  duties  or  functions  under  any  of  the  following  provisions,

namely:—

43(5), 67(b), 67(4)(c), 71(2), 73, 97, 344, 346, 348, 354, 355, 356, 358,

362, 481 except clause (a) of sub-section (1).

70. The  Corporation  may  at  any  time  call  for  any  extract  from  any

proceedings  of  any  Committee  or  sub-committee  constituted  under  this  Act,

and  for  any  return,  statement,  account  or  report  concerning  or  connected

with  any  matter  with  which  any  such  Committee  or  sub-committee  is

empowered by or under this Act to deal; and every such requisition shall be

complied with by the Committee or sub-committee, as the case may be, without

unreasonable  delay.

71.

(1) The Corporation may at any time require the Commissioner,—

(a) to  produce  any  record,  correspondence,  plan  or  other  document

which is in his possession or under his control as Commissioner, or which

is  recorded  or  filed  in  his  office  or  in  the  office  of  any  municipal  officer

or servant subordinate to him ;

(b) to  furnish  any  return,  plan,  estimate,  statement,  account  or

statistics  concerning  or  connected  with  any  matter  appertaining  to  the

administration  of  this  Act  or  the  Municipal  Government  of  the  City;

(c) to  furnish  a  report  by  himself  or  to  obtain  from  any  officer

subordinate to him and furnish, with his own remarks thereon, a report,

upon  any  subject  concerning  or  connected  with  the  administration  of

this  Act  or  the  Municipal  Government  of  the  City.

(2) Except  as  is  hereinafter  provided,  every  such  requisition  shall  be

complied with by the Commissioner without unreasonable delay ; and it shall

be incumbent on every municipal officer and servant to obey any order made

by  the  Commissioner  in  pursuance  of  any  such  requisition :

Provided  that,  if,  on  such  requisitions  as  aforesaid  being  made,  the

Commissioner  shall  declare  that  immediate  compliance  therewith  would  be

prejudicial  to  the  interest  of  the  Corporation  or  of  the  public,  it  shall  be

lawful for him to defer such compliance until a time not later than the second

ordinary meeting of the Corporation after he shall have declared as aforesaid.

(3) If  at  such  meeting,  or  any  meeting  subsequent  thereto,  the

Corporation shall repeat the requisition, and it shall then still appear to the

Commissioner inexpedient to comply therewith, he shall make a declaration

to  that  effect,  whereon  it  shall  be  lawful  for  the  Corporation  to  elect  one

councillor who with the Mayor and the Chairman of the Standing Committee

or, if the Mayor is also Chairman of the Standing Committee, with the Mayor

and  one  member  of  its  own  body  elected  by  the  Standing  Committee  shall

H  610—13

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

form  a  committee  who  shall  engage  to  keep  secret,  save  as  hereinafter
provided,  the  existence  and  purport  of  such  documents  and  matters  as  may
be  disclosed  them;  and  to  whom  the  Commissioner  shall  be  bound  to  make
known and to disclose all writings and matters within his knowledge, under
his  control,  or  available  to  him,  and  embranced  within  the  requisition.

(4) The  said  committee  having  taken  cognizance  of  the  information,
writings  and  matters  so  laid  before  them  shall  determine,  by  a  majority  in
case  of  difference,  whether  or  not  the  whole  or  any  part,  and  which  part,  if
any,  of  such  matters  ought  to  be  disclosed  to  the  Corporation  or  kept  secret
for  a  defined  time.  Such  decision,  of  the  committee  shall  be  conclusive  and
shall  be  reported  to  the  Corporation  at  the  next  ordinary  meeting  thereof,
where  also  the  Commissioner  shall  be  bound  to  produce    documents  and  to
make  any  report  or  statement  requisite  to  give  effect  to  the  decision  of  the
committee  when  called  on  to  do  so  by  the  Corporation.

(5) In their application to matters relating to the Transport Undertaking
the  provisions  of  sub-sections  (1)  to  (4)  shall  have  effect  as  if    for  the  word
“ commissioner ” the words “ Transport Manager ” and for the words “ Standing
Committee  ”  the  words  “Transport  Committee”  had  been  substituted.

72. The exercise by any municipal authority of any power conferred or
the performance of any duty imposed by or under this Act which will involve
expenditure shall, except in any case specified in sub-section (2) of section 86
or in sub-section (2) of section 355, be subject to the conditions that—

(a) such expenditure so far as it is to be incurred in the official year
in which such powers exercised or duty performed, is provided for under
a current budget grant; and

(b) if  the  exercise  of  such  power  or  the  performance  of  such  duty
involves or is likely to involve expenditure for any period or at any time
after the close of the said official year, the sanction of the Corporation is
taken  before  liability  for  such  expenditure  is  incurred.

1[Prevention  of  delay  in  discharge  of  official  duties.

Exercise of
powers to be
subject to
sanction by
Corporation of
the necessary
expenditure.

Citizens’
Charter.

72A.

(1) The  Commissioner  shall  prepare  and  publish  Citizens’
Charter,  a  list  of  facilities  or  services  rendered  by  the  office  or  Department
of  the  Corporation,  together  with  the  time  limit  for  providing  such  facilities
or services to the general public, within a period of six months from the date
of commencement of the Maharashtra Municipal Corporations and Municipal
Councils  (Second  Amendment)  Act,  2010.

Mah.
XXIX  of
2011.

(2) If no final decision is taken within the period specified in the Citizens’
Charter  by  the  concerned  authorities,  the  responsibilty  for  inaction  shall  be
fixed on them and an action mentioned in the relevant Act, rules or regulations
shall be taken against them.

Delegation of
powers.

72B.

(1) The  Commissioner  shall  publish  the  list  of  powers  delegated

to  the  subordinate  officers  working  under  him,  for  taking  final  decision.

(2) The  Commissioner  shall  determine,  as  far  as  possible,  four  or  less
number of levels of submission for any matter to reach the concerned Statutory
Committee  or  the  Authority  competent  to  take  final  decision  in  the  matter,
in  any  office  or  Department  in  the  Corporation.

1 This heading and sections 72A to 72D were inserted by Mah. 29 of 2011, s. 5.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

77

(3) Lists  of  powers  delegated  to  the  subordinate  officers  and  the  levels
of submission shall be prepared and published within one year from the date
of commencement of the Maharashtra Municipal Corporations and Municipal
Councils  (Second  Amendment)  Act,  2010,  and  shall  be  updated  on  the  1st
April  of  every  suceeding  year.

Mah.
XXIX  of
2011.

72C.

(1) Every    Municipal  Officer  and  servant  shall  be  bound  to
discharge  his  official  duties  and  the  official  work  assigned  or  pertaining  to
him  most  diligently  and  as  expeditiously  as  feasible :

Disciplinary
action.

Provided that, normally no file shall remain pending with any Municipal
Officer  or  servant  in  any  Department  or  office  under  the  Corporation  for
more than seven working days :

Provided  further  that,  immediate  and  urgent  files  shall  be  disposed  of
by  any  Municipal  Officer  or  servant  as  per  the  urgency  of  the  matter,  as
expeditiously  as  posssible,  and  preferably  the  immediate  file  in  one  day  or
the next day morning and the urgent file in four days :

Provided  also  that,  in  respect  of  the  files  not  required  to  be  referred  to
any  other  Department  within  the  Corporation  and  not  required  to  be
submitted  to  any  Statutory  Committee,  the  concerned  Department  of  the
Corporation shall take the decision and necessary action in the matter within
forty-five days and in respect of the files required to be referred to any other
Department  but  not  to  any  Statutory  Committee,  decision  and  necessary
action  shall  be  taken  within  three  months.

(2) Any  willful  or  intentional  delay  or  negligence  in  discharge  of  the
official  duties  or  in  carrying  out  the  official  work  assigned  or  pertaining  to
such  Municipal  Officer  and  servant  shall  amount  to  dereliction  of  official
duties and shall make such Municipal Officer or servant liable for appropriate
disciplinary  action  under  the  relevant  disciplinary  rules  applicable  to  such
employees.

(3) The concerned competent authority, on noticing or on being brought
to its notice any such dereliction of duties on the part of any Municipal Officer
or  servant,  after  satisfying  itself  about  such  dereliction  on  the  part  of  such
Municipal  Officer  or  servant  shall,  take  appropriate  disciplinary  action
against  such  defaulting  Municipal  Officer  or  servant  under  the  relevant
disciplinary  rules  including  taking  entry  relating  to  such  dereliction  of  duty
in  the  Annual  Confidential  Report  of  such  Municipal  Officer  or  servant.

72D. Nothing  in  section  72C  shall  apply  to,—

(i) sub-judice  matters;

(ii) cases  referred  to  Lokayukta  or  Upa-Lokayukta  and  other  Con-

stitutional  institutions,  Commissions,  etc.;

(iii) quasi-judicial  matters ;

(iv) cases  related  to  the  Central  or  other  State  Governments ;

Non-
application of
provisions of
section 72C in
certain.

(v) cases  related  to  Legislation;  and

(vi) cases  involving  major  policy  decisions.]

H 610—13a

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Maharashtra  Municipal  Corporations  Act

[1949 : LIX

CHAPTER  VII.
CONTRACTS.

Power to
Commissioner
to execute
contracts  on
behalf of
Corporation.

73. With  respect  to  the  making  of  contracts  under  or  for  any  purpose
of  this  Act,  including  contracts  relating  to  the  acquisition  and  disposal  of
immovable  property  or  any  interest  therein,  the  following  provisions  shall
have  effect,  namely :—

(a) every  such  contract  shall  be  made  on  behalf  of  the  Corporation

by  the  Commissioner ;

(b) no such contract for any purpose which, in accordance with any
provision  of  this  Act,  the  Commissioner  may  not  carry  out  without  the
approval  or  sanction  of  some  other  municipal  authority,  shall  be  made
by him until or unless such approval or sanction has first been duly given ;
1[(c) no contract, other than a contract relating to the acquisition of
immovable  property  or  any  interest  therein  or  any  right  thereto,  which
will  involve  an  expenditure  exceeding  rupees  twenty-five  lakhs  but  not
exceeding rupees fifty lakhs shall be made by the Commissioner, unless
the same is previously approved by the Mayor. However, the total amount
of all contracts approved by the Mayor shall not exceed rupees two crores
and fifty lakhs during a year. Subject to the above, for any contract which
involves  an  expenditure  in  excess  of  rupees  twenty-five  lakhs,  the
previous  approval  of  the  Standing  Committee  shall  be  necessary :

Provided that, notwithstanding anything contained in Schedule ‘D’,
in Chapter II, in rule 3, in clause (k), where the approval of the Standing
Committee is sought by the Commissioner for any contract, the Standing
Committee  shall  consider  and  dispose  of  the  proposal  made  by  the
Commissioner in that behalf within fifteen days reckoned from the date
of  the  meeting  of  the  Standing  Committee  held  immediately  after  the
proposal is received by it, whether the item pertaining to such proposal
is taken on the agenda of such meeting or not, failing which the approval
to  such  contract  shall  be  deemed  to  have  been  given  by  the  Standing
Committee and a report to that effect shall be made by the Commissioner
to  the  Corporation;]

(d) every  contract  made  by  the  Commissioner  involving  an
expenditure  exceeding  2[five  lakhs  rupees]  and  not  exceeding  3[twenty-
five  lakh  rupees]  or  such  higher  amount  as  may  for  the  time  being  be
prescribed under clause (c) shall be reported by him, within fifteen days
after the same has been made, to the Standing Committee ;

(e) the  foregoing  provisions  of  this  section  shall,  as  far  as  may  be,
apply  to  every  contract  which  the  Commissioner  shall  have  occasion  to
make in the execution of this Act; and the same provisions of this section
which apply to an original contract shall be deemed to apply also to any
variation  or  discharge  of  such  contract.
74.

(1) The  mode  of  executing  contracts  under  this  Act  shall  be  as

prescribed  by  rules.

(2) No  contract  which  is  not  made  in  accordance  with  the  provisions  of

this Act and the rules shall be binding on the Corporation.

75. For  the  purpose  of  contracts  relating  exclusively  to  the  Transport
Undertaking  the  provisions  of  section  73  and  those  of  Chapter  V  of  the
Schedule  shall  apply  as  if  for  the  word  “Commissioner”  wherever  it  occurs
the  words  “Transport  Manager”  and  for  the  words  “Standing  Committee”
wherever they occur the words “Transport Committee” had been substituted.

1 Clause (c) was substituted by Mah. 32 of 2011, s. 24 (a).
2 These  word  were  substituted  for  the  words  “fifty  thousand”  by  Mah.  32  of  2011,

s. 24(b) (i).

3 These words were substituted for the words ‘‘ten lakhs’’, by Mah. 32 of 2011, s. 24(b) (ii).

Mode of
executing
contracts.

Contracts
relating to
Transport
Undertaking.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

79

CHAPTER  VIII.

MUNICIPAL PROPERTY.

Acquisition  of  Property.

76.

(1) The Corporation shall, for the purposes of this Act, have power
to acquire and hold movable and immovable property or any interest therein
whether  within  or  without  the  limits  of  the  City.

(2) All  immovable  and  other  property,  wherever  situate,  which  on  the

date  immediately  preceding  the  appointed  day  vested,—

Powers of
Corporation
as to
acquisition of
property.

(a) in any municipality or local authority which has been superseded
by or under this Act in consequence of the inclusion in the City of the area
for  which  it  was  constituted,  or

(b) in  1[Government]  by  reason  of  the  supersession  or  dissolution  of
such  municipality  or  local  authority  under  any  law  relating  to  such
municipality  or  local  authority,

shall  upon  and  after  the  said  day  vest  in  and  be  held  by  the  Corporation
having  jurisdiction  in  such  City  as  trustees  for  the  purposes  of  this  Act  but
subject to all trusts, charges and liabilities affecting the same.

Bom.
LXI of
1947.

(3) All  primary  schools,  with  their  lands,  buildings,  records  and
equipment,  and  all  other  properties,  movable  or  immovable,  which  on  the
date  immediately  preceding  the  appointed  day  vested,  under  the  provisions
of  section  12  of  the  Bombay  Primary  Education  Act,  1947,  in  the  District
School  Board  of  the  district  in  which  such  City  is  situate  in  respect  of  any
area which is included in such City shall, upon and after the said day, vest in,
and be held by, the Corporation as trustees for the purposes of this Act, but
subject  to  all  trusts,  charges  and  liabilities  affecting  the  same :

Provided that in the event of any question, dispute or doubt arising as to
whether  any  particular  property  shall  so  vest  in  and  be  held  by  the
Corporation,  the  matter  shall  be  referred  to  the  2[State]  Government  whose
decision  thereon  shall  be  final.

(4) The  2[State]  Government  may,  by  order  in  writing,  direct  that  any
immovable  or  other  property  situate  in,  or  pertaining  to  and  area  included
within  the  limits  of  any  City  which,  on  the  appointed  day,  was  vested  in  a
local  authority  whose  jurisdiction  extended  beyond  such  area  shall  vest  in
and  be  held  by  the  Corporation  as  trustees  for  the  purposes  of  this  Act,  but
subject to all trusts, charges and liabilities affecting the same.

(5) Any  immovable  property  which  may  be  transferred  to  the
Corporation by the Government shall be held by it subject to such conditions,
including  resumption  by  the  Government  on  the  occurrence  of  a  specified
contingency,  and  shall  be  applied  to  such  purposes  as  the  Government  may
impose  or  specify  when  the  transfer  is  made.

l This word was substituted for the words “His Majesty” by the Adaptation of Laws Order, 1950.
2 This word was substituted for the words “Provincial”, by the Adaptation of  Laws Order, 1950.

80

Acquisition of
immovable
property.

Procedure
when
immovable
property
cannot be
acquired by
agreement.

Provision
governing the
disposal  of
Municipal
property.

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

77.

(1) Whenever it is provided by this Act that the Commissioner may
acquire, or whenever it is necessary or expedient for any purpose of this Act
that the Commissioner shall acquire, any immovable property, such property
may  be  acquired  by  the  Commissioner  on  behalf  of  the  Corporation  by
agreement on such terms and at such rates or prices or at rates or prices not
exceeding  such  maxima  as  shall  be  approved  by  the  Standing  Committee
either  generally  for  any  class  of  cases  or  specially  in  any  particular  case.

(2) Whenever,  under  any  provision  of  this  Act,  the  Commissioner  is
authorised  to  agree  to  pay  the  whole  or  any  portion  of  the  expenses  of
acquiring any immoveable property, he shall do so on such terms and at such
rates  or  prices  or  at  rates  or  prices  not  exceeding  such  maxima  as  shall  be
approved  by  the  Standing  Committee  as  aforesaid.

(3) The  Commissioner  may  on  behalf  of  the  Corporation  acquire  by
agreement  any  easement  affecting  any  immovable  property  vested  in  the
Corporation,  and  the  provisions  of  sub-sections  (1) and  (2) shall  apply  to
such  acquisition.

78.

(1) Whenever  the  Commissioner  is  unable  under  section  77  to
acquire  by  agreement  any  immovable  property  or  any  easement  affecting
any  immovable  property  vested  in  the  Corporation  or  whenever  any
immovable property or any easement affecting any immovable property vested
in  the  Corporation  is  required  for  the  purposes  of  this  Act,  the  1[State]
Government may, in its discretion, upon the application of the Commissioner,
made with the approval of the Standing Committee and subject to the other
provisions  of  this  Act,  order  proceedings  to  be  taken  for  acquiring  the  same
on  behalf  of  the  Corporation,  as  if  such  property  or  easement  land  were
needed for a public purpose within the meaning of the *Land Acquisition Act,
1894.

(2) Whenever  an  application  is  made  under  sub-section  (1)  for  the
acquisition of land for the purpose of providing a new street or for widening
or  improving  an  existing  street  it  shall  be  lawful  for  the  Commissioner  to
apply  for  the  acquisition  of  such  additional  land  immediately  adjoining  the
land  to  be  occupied  by  such  new  street  or  existing  street  as  is  required  for
the  sites  of  buildings  to  be  erected  on  either  side  of  the  street,  and  such
additional  land  shall  be  deemed  to  be  required  for  the  purposes  of  this  Act.

(3) The amount of compensation awarded and all other charges incurred
in  the  acquisition  of  any  such  property,  shall,  subject  to  all  other  provisions
of  this  Act,  be  forthwith  paid  by  the  Commisioner  and  thereupon  the  said
property  shall  vest  in  the  Corporation.

Disposal  of  Property.

79. With  respect  to  the  diposal  of  property  belonging  to  the  Corporation
other  than  property  vesting  in  the  Corporation  exclusively  for  the  purposes

l This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
* Now  see  the  Right  to  Fair  Compensation  and  Transparency  in  Land  Acquisition,

Rehabilitation and Resettlement Act, 2013 (30 of 2013).

I of
1894.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

81

of  the  Transport  Undertaking  the  following  provisions  shall  have  effect,
namely :—

(a) the Commissioner may, in his discretion, dispose of by sale, letting
out  on  hire  or  otherwise,  any  moveable  property  belonging  to  the
Corporation  not  exceeding  in  value  in  each  instance  five  hundred  rupees
or  such  higher  amount  as  the  Corporation  may,  with  the  approval  of  the
1[State] Government, from time to time determine, or grant a lease of any
immoveable  property  belonging  to  the  Corporation  including  any  right  of
fishing  or  of  gathering  and  taking  fruit,  and  the  like,  for  any  period  not
exceeding  twelve  months  at  a  time :

Provided  that  the  Commissioner  shall  report  to  the  Standing
Committee  every  lease  of  immoveable  property  within  fifteen  days  of  the
grant  thereof  unless  it  is  a  contract  for  a  monthly  tenancy  or  the  annual
rent  thereof  at  a  rack  rent  does  not  exceed  three  thousand  rupees ;

(b) with  the  sanction  of  the  Standing  Committee  the  Commissioner
may  dispose  of  by  sale,  letting  out  on  hire  or  otherwise  any  moveable
property belonging to the Corporation, of which the value does not exceed
five thousand rupees ; and may with the like sanction grant a lease of any
immoveable  property  belonging  to  the  Corporation,  including  any  such
right  as  aforesaid,  for  any  period  exceeding  one  year  or  sell  or  grant  a
lease  in  perpetuity  of  any  immoveable  property  belonging  to  the
Corporation  the  value  of  premium  whereof  does  not  exceed  fifty  thousand
rupees  or  the  annual  rental  whereof  does  not  exceed  three  thousand
rupees ;

(c) with the sanction of the Corporation the Commissioner may lease,
sell,  let  out  on  hire  or  otherwise  convey  any  property,  moveable  or
immoveable,  belonging  to  the  Corporation ;

(d) the consideration for which any immoveable property or any right
belonging to the Corporation may be sold, leased or otherwise transferred
shall  not  be  less  than  the  current  market  value  of  such  premium,  rent  or
other  consideration ;

(e) the sanction of the Standing Committee or of the Corporation under
clause (b) or clause (c) may be given either generally for any class of cases
or  specially  in  any  particular  case ;

(f) the  aforesaid  provisions  of  this  section  and  the  provisions  of  the
rules  shall  apply,  respectively,  to  every  disposal  of  property  belonging  to
the  Corporation  made  under  or  for  any  purposes  of  this  Act :

Provided  that,—

(a) no  property  vesting  in  the  Corporation  for  the  purpose  of  any
specific trust shall be leased, sold or otherwise conveyed in such a manner
that  the  purpose  for  which  it  is  held  will  be  prejudicially  affected ;

l This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

H  610—14

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(b) no  property  transferred  to  the  Corporation  by the Government
shall  be  leased,  sold  or  otherwise  conveyed  in  any  manner  contrary  to
the terms of the transfer except with the prior sanction of the appropriate
Government ;

1[(g) 2[notwithstanding  anything  contained  in  this  section,  the
Commissioner  may,  with  the  sanction  of  the  Corporation  and  with  the
approval of the State Government grant a lease, for a period not exceeding
thirty  years,  of  a  land  belonging  to  the  Corporation,—

(i) which  is  declared  as  a  slum  area  under  the  provisions  of  the
Maharasthra Slum Areas (Improvement, Clearance and Redevelopment)
Act,  1971,  to  a  co-operative  society  of  eligible  slum  dwellers ;  or  as  the
case  may  be,  to  the  eligible  slum  dweller  individually,  at  a  permium  to
be decided by the State Government and subject to the prescribed terms
and  conditions ;  or

(ii) to persons who are dishoused as a result of the implementation
of  any  Development  Scheme  of  the  Corporation  or  to  the  Co-operative
Housing  Society  formed  exclusively  by  persons  who  are  dishoused  as  a
result  of  the  implementation  of  any  Development  Scheme  of  the
Corporation ;  or

(iii) to  any  Department  or  undertaking  of  the  Government  of
Maharashtra  or  of  the  Government  of  India,  for  the  public  purpose ;  or
(iv) to  a  public  trust,  society  or  company  registered  exclusively  for
medical and educational purposes, under the Maharashtra Public Trusts
Act,  or  the  Societies  Registration  Act,  1860,  or  the  Maharashtra
Co-operative  Societies  Act,  1960,  or  the  Companies  Act,  2013,  as  the
case may be ; or

Mah.
XXVIII
of 1971.

XXIX of
1950.
XXI of
1860.
Mah.
XXIV of
1961.
18 of
2013.

(v) to a public trust registered under the Maharashtra Public Trusts
Act,  or  a  society  registered  under  the  Societies  Registration  Act,  1860,
or  the  Maharashtra  Co-operative  Societies  Act,  1960,  or  a  company
registered under the Companies Act, 2013, or any person, for the purposes
of  the  provisions  of  public  latrines,  urinals  and  similar  conveniences  or
construction  of  a  plant  for  processing  excrementitious  or  other  filthy
matters  or  garbage,

XXIX of
1950.
XXI of
1860.
Mah.
XXIV of
1961.
18 of
2013.

at  such  rent,  which  may  be  less  than  the  market  value  of  the
premium,  rent  or  other  consideration,  for  the  grant  of  such  lease,  and
subject  to  such  conditions  as  the  Corporation  may  impose.

The  approval  of  the  State  Government  under  this  clause  may  be
given either generally for any class of cases of such lands or specially in
any particular case of such land:]

l Clause (g) was added by Mah. 38 of 1987, s. 2.
2 This  portion  was  substituted  for  the  portion  beginning  with  the  words  “notwithstanding
anything contained in this section,” and ending with the words “specially in any particular
case of such land” by Mah. 53 of 2017, s. 2(a).

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

83

Provided  that,  the  Commissioner  may  in  like  manner  renew,  from
time  to  time,  the  lease  for  such  period  and  subject  to  such  conditions  as
the  Corporation  may  determine  and  impose.

1[Explanation.—For the purposes of this clause, “eligible slum dweller”
means  the  eligible  slum  dwellers  as  defined  in  clause  (c-b)  of  section  2  of
the  Maharashtra  Slum  Areas  (Improvement,  Clearance  and
Redevelopment)  Act,  1971.].

Mah.
XXVIII
of 1971.

80.

(1) Where any immovable property or any right in or over any such
property  is  claimed  by  or  on  behalf  of  the  Corporation,  or  by  any  person  as
against  the  Corporation,  it  shall  be  lawful  for  the  Collector  after  formal
inquiry,  of  which  due  notice  has  been  given,  to  pass  an  order  deciding  the
claim.

Decision of
claims to
property by or
against the
Corporation.

Bom. V
of 1879.

(2) The Corporation or any person aggrieved by an order passed by the
Collector  under  sub-section  (1)  may,  notwithstanding  anything  contained  in
any law for the time being in force, within one year from the date on which
the Corporation or such person had due notice of such order, institute a suit
in  any  competent  Civil  Court  to  set  aside  such  order  or  to  claim  a  relief
inconsistent  therewith.

If  any  such  suit  is  instituted  after  the  expiration  of  one  year  from  the
date  on  which  the  notice  of  such  order  has  been  given,  such  suit  shall  be
dismissed although limitation has not been set up as a defence.

(3) The  Collector  may,  by  general  or  special  order,  delegate  the  powers
conferred on him under this section to an Assistant or Deputy Collector or a
survey  officer  as  defined  in  the  Bombay  Land  Revenue  Code,  1879.*

(4) The  formal  inquiry  referred  to  in  this  section  shall  be  conducted  in

accordance  with  the  provisions  of  the  aforesaid  Code.

(5) A  person  shall  be  deemed  to  have  had  due  notice  of  an  inquiry  or
order  under  this  section  if  notice  thereof  has  been  given  in  accordance  with
rules made in this behalf by the  2[State] Government.

81. A  covenant  concerning  any  immovable  property  for  the  purposes
of  this  Act  entered  into  with  the  Corporation  by  the  owner  of  such  property
or  by  any  person  to  whom  such  property  of  the  Corporation  has  been
transferred  by  sale  or  exchange  shall  be  enforceable  by  the  Corporation
against any person deriving title under the covenant or notwithstanding that
the  Corporation  is  not  in  possession  of,  or  interested  in  any  immovable
property  for  the  benefit  of  which  the  covenant  was  entered  into,  in  like
manner and to the like extent as if it had been possessed of or interested in
such  property.

1 This Explanation was substituted by Mah. 53 of 2017, s. 2(b).
* See now the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).
2 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

H  610—14a

Power of
Corporation
to enforce
covenants
against owner
for the time
being of land.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

1[CHAPTER  VIII-A.

POWER TO EVICT PERSONS FROM CORPORATION PREMISES.

Definitions.

81-A.

In  this  Chapter,—

(a) "Commissioner",  in  the  event  of  any  Corporation  having

established  or  acquired,  or  establishing  or  acquiring,  a  Transport

Undertaking, in relation to the premises of the Corporation which vest in

or are held by it for the purposes of the Transport Undertaking, means the

Transport  Manager ;

(b) "Corporation  premises",  means  any  premises  belonging  to,  or

vesting  in,  or  taken  on  lease  by,  the  Corporation ;

(c) "regulations" means regulations made by the Commissioner under

section  81-I ;

(d) "unauthorised occupation" in relation to any Corporation premises,

means  the  occupation  by  any  person  of  Corporation  premises  without

authority  for  such  occupation;  and  includes  the  continuance  in  occupation

by  any  person  of  the  premises  after  the  authority  under  which  he  was

allowed to occupy the premises has expired, or has been duly determined.

Power to evict
persons from
Corporation
premises.

81-B.

(1) Where  the  Commissioner  is  satisfied,—

(a) that  the  person  authorised  to  occupy  any  Corporation  premises

has, whether before or after the commencement of the Bombay Provincial

Municipal  Corporations  (Second  Amendment) Act,  1969,—

Mah.
VIII of
1970.

(i) not paid for a period of more than two months, the rent or taxes

lawfully  due  from  him  in  respect  of  such  premises ;  or

(ii) sub-let,  contrary  to  the  terms  and  conditions  of  his  occupation,

the whole or any part of such premises ; or

(iii) committed, or is committing, such acts of waste as are likely to

diminish  materially  the  value  or  impair  substantially  the  utility,  of  the

premises ;  or

(iv) otherwise  acted  in  contravention  of  any  of  the  terms,  express

or  implied,  under  which  he  is  authorised  to  occupy  such  premises  ;

(b) that any person is in unauthorised occupation of any Corporation

premises ;

(c) that  any  Corporation  premises  in  the  occupation  of  any  person

are  required  by  the  Corporation  in  the  public  interest,

the Commissioner may, by notice served by post, or by affixing a copy of it

on  the  outer  door  or  some  other  conspicuous  part  of  such  premises,  or  in

1 Chapter VIII-A was inserted by Mah. 8 of 1970, s. 2.

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Maharashtra  Municipal  Corporations  Act

85

such  other  manner  as  may  be  provided,  for  by  regulations,  order  that

person, as well as any other person who may be in occupation of the whole

or  any  part  of  the  premises,  shall  vacate  them  within  one  month  of  the

date  of  the  service  of  the  notice.

(2) Before  an  order  under  sub-section  (1) is  made  against  any  person,

the  Commissioner  shall  issue,  in  the  manner  hereinafter  provided,  a  notice

in writing calling upon all persons concerned to show cause why an order of

eviction  should  not  be  made.

The  notice  shall,—

(a) specify  the  grounds  on  which  the  order  of  eviction  is  proposed  to

be made, and

(b) require  all  persons  concerned,  that  is  to  say,  all  persons  who  are

or may be in occupation of, or claim interest in, the Corporation premises,

to  show  cause  against  the  proposed  order,  on  or  before  such  date  as  is

specified  in  the  notice.

If such person makes an application to the Commissioner for the extension

of  the  period  specified  in  the  notice,  the  Commissioner  may  grant  the  same

on such terms as to payment and recovery of the amount claimed in the notice,

as he deems fit.

Any  written  statement  put  in  by  any  person  and  documents  produced,  in

pursuance  of  the  notice,  shall  be  filed  with  the  record  of  the  case,  and  such

person  shall  be  entitled  to  appear  before  the  Commissioner  by  advocate,

attorney  or  other  legal  practitioner.

The notice to be served under this sub-section shall be served in the manner

provided for the service of a notice under sub-section (1); and thereupon, the

notice  shall  be  deemed  to  have  been  duly  given  to  all  persons  concerned.

(3) If any person refuses or fails to comply with an order made under sub-

section  (1),  the  Commissioner  may  evict  that  person  and  any  other  person

who  obstructs  him  and  take  possession  of  the  premises;  and  may  for  that

purpose use such force as may be necessary.

(4) The  Commissioner  may,  after  giving  fourteen  clear  days'  notice  to  the

person  from  whom  possession  of  the  Corporation  premises  has  been  taken

under sub-section (3) and after publishing such notice in the Official Gazette

and in at least one newspaper circulating in the locality, remove or cause to

be  removed,  or  dispose  of  by  public  auction  any  property  remaining  on  such

premises. Such notice shall be served in the manner provided for the service

of  a  notice  under  sub-section  (1).

H  610—14a

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Maharashtra  Municipal  Corporations  Act

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(5) Where  the  property  is  sold  under  sub-section  (4),  the  sale  proceeds

shall, after deducting the expenses of sale, be paid to such person or persons

as may appear to the Commissioner to be entitled to the same :

Provided  that,  where  the  Commissioner  is  unable  to  decide  as  to  the

person or persons to whom the balance of the amount is payable or as to the

apportionment  of  the  same,  he  shall  refer  such  dispute  to  a  Civil  Court  of

competent  jurisdiction  and  the  decision  of  the  Court  thereon  shall  be  final.

(6) If a person, who has been ordered to vacate any premises under sub-

clause  (i) or  (iv) of  clause  (a) of  sub-section  (1),  within  one  month  of  the

date  of  service  of  the  notice,  or  such  longer  time  as  the  Commissioner  may

allow, pays to the Commissioner the rent and taxes in arrears, or as the case

may  be,  carries  out  or  otherwise  complies  with  the  terms  contravened  by

him to the satisfaction of the Commissioner, the Commissioner shall on such

terms,  if  any  (including  the  payment  of  any  sum  by  way  of  damages  or

compensation for the contravention aforesaid), in lieu of evicting such person

under  sub-section  (3),  cancel  his  order  made  under  sub-section  (1);  and

thereupon such person shall continue to hold the premises on the same terms

on  which  he  held  them  immediately  before  such  notice  was  served  on  him.

Power to
recover rent or
damages  as
arrears of
property tax.

81-C.

(1) Subject to any regulations made by the Commissioner in this

behalf,  but  without  prejudice  to  the  provisions  of  section  81-B,  where  any

person  is  in  arrears  of  rent  payable  in  respect  of  any  Corporation  premises,

the  Commissioner  may,  by  notice  served  in  the  manner  provided  for  service

of  notice  under  sub-section  (1) of  section  81-B,  order  that  person  to  pay  the

same within such time not less than ten days as may be specified in the notice.

(2) Where any person is in unauthorised occupation of any Corporation

premises,  the  Commissioner  may,  in  the  manner  and  having  regard  to  the

principles  of  assessment  of  damages  provided  for  by  the  regulations  assess

such  damages  on  account  of  the  use  and  occupation  of  the  premises  as  he

may  deem  fit,  and  may,  by  notice  served  in  the  manner  referred  to  in  sub-

section (1), order that person to pay the damages within such time as may be

specified  in  the  notice.

(3) If any person refuses or fails to pay, within the time specified in the

notice, the arrears of rent under sub-section (2), or damages under sub-section

(2), the Commissioner may recover the amount of rent, or as the case may be,

of damages, in the same manner as the general or property tax due from such

person.

(4) No order shall be made under sub-section (2) until after the issue of

a  notice  in  writing  to  the  person  calling  upon  him  to  show  cause,  within  a

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

87

reasonable  period  to  be  specified  in  such  notice,  why  such  order  should  not

be made, and until his objections, if any, and any evidence he may produce in

support  of  the  same,  have  been  considered  by  the  Commissioner.

81-D. Without  prejudice  to  the  provisions  of  section  81-B,  in  the  case

of any person who is an employee of the Corporation and who has been allotted

any Corporation premises, the amount of rent due by him in respect of such

premises  shall,  on  a  requisition  in  writing  made  in  this  behalf  by  the

Commissioner  to  the  Head  of  the  Corporation  Department  or  Officer  under

whom  such  person  is  employed,  be  liable  to  be  deducted  from  the  salary  or

wages  payable  to  such  person.  On  receipt  of  such  requisition,  the  Head  of

such Department or Officer, as the case may be, shall deduct from the salary

or wages payable to such person the amount specified in the requisition and

pay  the  amount  so  deducted  to  the  Commissioner  in  satisfaction  of  the  rent

due by him.

Rent to be
recovered by
deduction
from salary or
wages in case
of Corporation
employees.

81-E. The  Commissioner  shall,  for  the  purpose  of  holding  any  inquiry

under  this  Chapter,  have  the  same  powers  as  are  vested  in  a  Civil  Court

under the Code of Civil Procedure, 1908, when trying a suit, in respect of the

Commissioner
to have
powers of
Civil Court.

following  matters,  namely  :—

5 of
1908.

(a) summoning  and  enforcing  the  attendance  of  any  person  and

examining him on oath;

(b) requiring  the  discovery  and  production  of  documents;

(c) any  other  matter  which  may  be  prescribed  by  regulations  made

under  section  81-I.

81-F.

(1) An  appeal  shall  lie  from  every  order  of  the  Commissioner,

Appeals.

made  in respect of any Corporation premises, under section 81-B or section

81-C,  to  an  appellate  officer,  who  shall  be  the  District  Judge  or  such  other

judicial officer in the City of not less than ten years' standing, as the District

Judge may designate in this behalf.

(2) An  appeal  under  sub-section  (1) shall  be  preferred,—

(a) in the case of an appeal from an order under section 81-B, within

thirty days from the date of the service of the notice relating to the order

under  sub-section  (1) of  that  section,  and

(b) in the case of an appeal from an order under section 81-C, within

thirty days from the date of the service of the notice relating to the order

under  sub-section  (1) or  (2) of  that  section,  as  the  case  may

be :

Provided  that,  the  appellate  officer  may  entertain  the  appeal  after

the  expiry  of  the  said  period  of  thirty  days,  if  he  is  satisfied  that  the

appellant was prevented by sufficient cause from filing the appeal in time.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(3) Where  an  appeal  is  preferred  from  an  order  of  the  Commissioner,

the appellate officer may stay the enforcement of that order for such period,

and on such conditions as he deems fit.

(4) Every appeal under this section shall be disposed of by the appellate

officer  as  expeditiously  as  possible.

81-G. Save as otherwise expressly provided in this Chapter, every order

made by the Commissioner or the appellate officer under this Chapter shall

be final, and shall not be called in question in any original suit, application or

execution  proceeding.

81-H. Subject  to  the  provisions  of  this  Chapter,  no  Civil  Court  shall

have jurisdiction to entertain any suit or proceeding in respect of the eviction

of any person from any Corporation premises on any of the grounds specified

in section 81-B or the recovery of the arrears of rent or the damages payable

for  use  or  occupation  of  such  premises.

Finality of
orders.

Bar of
jurisdiction.

Power to
make
regulations.

81-I. The  Commissioner,  with  the  approval  of  the  Standing  Committee,

and  the  Transport  Manager,  with  the  approval  of  the  Transport  Committee,

as  the  case  may  be,  may  make  regulations  for  all  or  any  of  the  following

matters, namely :—

(a) the  forms  of  notices  under  sections  81-B  and  81-C  and  for

prescribing  the  other  manner  in  which  they  may  be  served  under  those

sections;

(b) the  holding  of  inquiries  under  this  Chapter  ;

(c) the  procedure  to  be  followed  in  taking  possession  of  any

Corporation  premises  under  section  81-B  ;

(d) the  manner  in  which  the  damages  under  section  81-C  may  be

assessed and the principles which may be taken into account in assessing

such damages ;

(e) the manner in which appeals may be preferred under section 81-F

and  the  procedure  to  be  followed  in  such  appeals  ;

(f) any other matter which has to be, or may be, prescribed under this

Chapter  by  regulations.

Penalty for
obstructing
lawful
exercise of
power under
this Chapter.

81-J. Any  person,  who  obstructs  the  lawful  exercise  of  any  power

conferred  by  or  under  this  Chapter,  shall,  on  conviction,  be  punished  with

fine  which  may  extend  to  one  thousand  rupees.]

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

89

CHAPTER  IX.

THE MUNICIPAL FUND AND OTHER FUNDS.

The  Municipal  Fund.

Bom.
LXI of
1947.

82. Subject to the provisions of this Act and the rules and subject to the

provisions of section 44 of the Bombay Primary Education Act, 1947,—

Constitution
of Municipal
Fund.

(a) all  moneys  received  by  or  on  behalf  of  the  Corporation  under  the
provisions  of  this  Act  or  of  any  other  law  for  the  time  being  in  force,  or
under  any  contract,

(b) all  proceeds  of  the  disposal  of  property  by  or  on  behalf  of  the

Corporation,

(c) all  rents  accruing  from  any  property  of  the  Corporation,

(d) all moneys raised by any tax levied for the purposes of this Act,

(e) all  fees  and  fines  payable  and  levied  under  this  Act  or  under  any
rule,  by-law,  regulation  or  standing  order  other  than  fines  imposed  by  a
Court,

(f) all  moneys  received  by  way  of  compensation  or  for  compounding

offences  under  the  provisions  of  this  Act,

(g) all  moneys  received  by  or  on  behalf  of  the  Corporation  from  the
Government or public bodies, private bodies or private individuals by way
of grant or gift or deposit, subject, however, to the conditions, if any, attached
to such grant, gift or deposit, and

(h) all  interest  and  profits  arising  from  any  investment  of,  or  from
any transaction in connection with, any money belonging to the Corporation,
shall be credited to a fund which shall be called “ the Municipal Fund” and
which  shall  be  held  by  the  Corporation  in  trust  for  the  purposes  of  this
Act,  subject  to  the  provisions  herein  contained.

Mah.
XLI of
1966.
Bom. 1
of 1923.

1[82A. The  State  Government  may,  under  appropriation  duly  made  in
this behalf, make a grant to each Corporation every year of such amount as it
may, from time to time, determine, having regard to the proceeds of the land
revenue  and  non-agricultural  assessment  levied  and  collected  under  the
Maharashtra  Land  Revenue  Code,  1966  and  the  entertainments  duty  levied
and  collected  under  the *Bombay  Entertainments  Duty  Act,  1923,  by  it  in
the area within the jurisdiction of the Corporation. The grant shall be made
in  such  manner  and  shall  be  subject  to  such  terms  and  conditions,  as  the
State  Government  may,  from  time  to  time,  determine.  All  moneys  received
by the Corporation by way of such grants shall be: credited to the Municipal
Fund:

2[Provided  that  it  shall  be  competent  for  the  State  Government  to

Annual grant
by State
Government
from proceeds
of land
revenue, non-
agricultural
assessment
and
entertainment
duty.

deduct,—

(a) from the grants made by the State Government, or
(b) from  any  sum  representing  grant-in-aid  or  the  share  of  the
Corporation in the net proceeds of the taxes, duties, tolls and fees levied
by  the  State  and  distributed  by  the  State  Government  on  the
recommendation  of  the  Finance  Commission,

1 Section 82A was inserted by Mah. 63 of 1975, s. 7.
2 This proviso was added by Mah. 41 of 1994, s.69.
* The short title was amended as ‘‘ the Maharashtra Entertainments Duty Act ’’ by Mah. 24 of

2012, Sch.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

any amount which is due to the State Government, or to any Government
Corporation,  a  Government  Company,  or  to  any  other  statutory  authority
constituted  by  the  Government  of  Maharashtra :

Provided  futher  that  before  making  such  deductions,  the  Corporation’s

say  in  the  matter  shall  be  considered  by  Government.]

Commissioner
to receive
payments on
account of
Municipal
Fund and to
lodge them in
a bank.

83. All  moneys  payable  to  the  credit  of  the  Municipal  Fund  shall  be
received  by  the  Commissioner  and  shall  be  forthwith  paid  into  the  Imperial
Bank  of  India  1[or  any  other  scheduled  bank]  2[or  an  approved  co-operative
bank]  to  the  credit  of  an  account  which  shall  be  styled  “  the  account  of  the
Municipal Fund of ...............................................................” :

How the Fund
shall be
drawn
against.

Provided  that  the  Commissioner  may,  subject  to  any  general  or  special
directions issued by the Standing Committee, retain such balances in cash as
may be necessary for current payments :

3[Provided further that the amount of money to be paid into an approved
co-operative  bank  shall  not  exceed  such  amount  as  may  be  specified  by  the
State  Government  generally  or  specially  in  respect  of  any  approved  co-
operative  bank.]

84.

(1) Subject  to  the  provisions  of  section  449  no  payment  shall  be
made  by  any  bank  aforesaid  out  of  the  Municipal  Fund  except  on  a  cheque
signed  by  the  Chief  Accountant  or  the  Deputy  Accountant  or,  if  there  be  no
post  of  Deputy  Accountant,  by  the  officer  immediately  subordinate  to  the
Chief  Accountant  and  by  the  Commissioner  or  the  Deputy  Commissioner  or
the  Assistant  Commissioner.

(2) Payment of any sum due by the Corporation in excess of one hundred
rupees or such higher amount as the Standing Committee from time to time
fixes generally or for any specified class of payments shall be made by means
of a cheque signed as aforesaid and not in any other way.

(3) Payments  not  covered  by  sub-section  (2) may  be  made  by  the
Commissioner  in  cash  and  cheques  for  sums  not  in  excess  of  two  thousand
rupees  each,  signed  as  aforesaid,  may  be  drawn  from  time  to  time  to  cover
such payments if the amount of cash in hand is insufficient for the purpose.

Deposit of
portion of
Municipal
Fund may be
made with
bank or
agency out of
City when
convenient.

85. Notwithstanding  anything  contained  in  sections  83  and  84  the
Commissioner  may,  with  the  previous  approval  of  the  Standing  Committee,
from  time  to  time,  remit  to  and  deposit  with  a  bank  or  other  agency  at  any
place  beyond  the  City  any  portion  of  the  Municipal  Fund,  and  any  moneys
payable to the credit of the Municipal Fund or chargeable there against which
can,  in  the  opinion  of  the  Commissioner,  be  most  conveniently  paid  into  or
out of the account of the Corporation at any such bank or agency, may be so
paid.

1 These words were substituted for the words “or such other bank or banks as the Corporation,
with the previous sanction of the State Government may select” by Bom. 10 of 1953, s. 3.

2 These words were inserted by Bom. 19 of 1954, s. 4(1).
3 This proviso was inserted, by Bom. 19 of 1954, s. 4(2).

91

Restriction on
expenditure
from
Municipal
Fund.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

86.

(1) Except  as  hereinafter  provided,  no  payment  of  any  sum  shall

be  made  by  the  Commissioner  out  of  the  Municipal  Fund,  unless  the

expenditure of the same is covered by a current budget grant, and sufficient

balance of such budget grant is still available, notwithstanding any reduction

or transfer  thereof which may have been made under the rules.

(2) The  following  items  shall  be  excepted  from  the  prohibition  in

sub-section  (1), namely :—

(a) sums of which the expenditure has been sanctioned by the Standing

Committee  under  section  102;

(b) temporary payments under section 90 for works urgently required

in  the  public  service;

(c) refunds  of  taxes  and  other  moneys  which  the  Commissioner  is  by

or  under  this  Act  authorised  to  make;

(d) repayments  of  moneys  belonging  to  contractors  or  other  persons

held in deposit and of moneys collected or credited to the Municipal Fund

by  mistake;

(e) sums which under any provision of this Act or any other enactment

are payable by way of compensation;

(f) sums payable in any of the circumstances mentioned in clause (h) of

section  88;

(g) expenses  incurred  by  the  Commissioner  in  the  exercise  of  the

powers  conferred  upon  him  by  section  319;

(h) costs incurred by the Commissioner under clause (c) of sub-section

(3) of  section  67.

87. Whenever any sum is expended by the Commissioner under clause

(e),  (f),  (g) or  (h) of  sub-section  (2) of  section  86  he  shall  forthwith

communicate  the  circumstances  to  the  Standing  Committee,  who  shall  take

such  action  under  the  rules  or  recommend  the  Corporation  to  take,  under

section  101  or  under  the  rules,  such  action  as  shall,  in  the  circumstances,

appear  possible  and  expedient  for  covering  the  amount  of  the  additional

expenditure.

Procedure
when money
not covered
by budget
grant is
expended
under clause
(e), (f), (g) or
(h) of
sub-section (2)
of  section 86.

88. The  moneys  from  time  to  time  credited  to  the  Municipal  Fund  shall

be  applied  in  payment  of  all  sums,  charges  and  costs  necessary  for  carrying

this  Act  into  effect,  or  of  which  the  payment  shall  be  duly  directed  or

sanctioned under any of the provisions of this Act or of any other law for the

Purpose for
which
Municipal
Fund is to be
applied.

time  being  in  force  inclusive  of,—

(a) the  expenses  of  every  ward  election  ;

H  610—15

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(b) the  salary,  joining  time  allowances  and  other  allowances  of  the
Commissioner  and  of  leave  and  pension  contribution,  if  any,  payable  on
his  account  to  the  1[State]  Government;

(c) the  salaries  and  other  allowances  of  all  municipal  officers  and
servants and all contributions to provident funds, pensions, gratuities and
compassionate  allowances  payable  under  the  provisions  of  this  Act  or  the
regulations or of the statement framed under this Act for the time being in
force  ;

(d) all expenses and costs incurred by the Commissioner in the exercise
of any power or the discharge of any duty conferred or imposed upon him
by  this  Act,  including  moneys  which  he  is  required  or  empowered  to  pay
by way of compensation ;

(e) the  grant  payable  under  section  44  of  the  Bombay  Primary
Education  Act,  1947,  to  the  Primary  Education  Fund  maintained
thereunder  for  the  City ;

Bom.
XLI of
1947.

(f) the  loans  advanced  under  the  rules  for  building  purposes  ;

(g) any sum chargeable under section 108 ;

(h) every  sum  payable,—

(i)  under  section  422  or  sub-section  (1) of  section  449  to  the

1[State]  Government ;

(ii) under  a  decree  or  order  of  a  civil  or  criminal  court  passed
against  the  Corporation  or  against  the  Commissioner,  Deputy
Commissioner  or  Assistant  Commissioner  ex-officio ;

(iii) under  a  compromise  of  any  suit  or  other  legal  proceeding

or  claim  effected  under  section  481 ;

(i) contributions  to  public  institutions ;

(j) expenses  incurred  on  the  provision  of  traffic  signs.

Municipal
Fund where to
be expended.

89. Expenditure by the Corporation out of the Municipal Fund shall, save
as otherwise provided by this Act, be made within the City only, but may, by
a  resolution  of  the  Corporation  supported  by  not  less  than  half  the  total
number  of  councillors,  be  made  outside  the  City  for  any  of  the  purposes  of
this  Act.

Temporary
payments
from
Municipal
Fund for
works
urgently
required for
public service.

90.

(1) On  the  written  requisition  of  such  officer  as  the  1[State]
Government  may  specially  authorise  in  this  behalf,  the  Commissioner  may
at  any  time  undertake  the  execution  of  any  work  certified  by  such  officer  to
be  urgently  required  in  the  public  service,  and  for  this  purpose  may
temporarily make payments from the Municipal Fund, so far as the same can
be made without unduly interfering with the regular working of the municipal
administration.

(2) The  cost  of  all  work  executed  under  sub-section  (1) and  of  the
establishment  engaged  in  executing  the  same  shall  be  paid  by  the  1[State]
Government  and  credited  to  the  Municipal  Fund.

1 This word was substituted for the word “Provincial" by the Adaptation of Laws Order, 1950.

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Maharashtra  Municipal  Corporations  Act

93

(3) On  receipt  of  a  requisition  under  sub-section  (1) the  Commissioner
shall  forthwith  forward  a  copy  thereof  to  the  Corporation,  together  with  a
report  of  the  action  taken  by  him  thereon.

Special  Funds.

91. 1[Save  as  otherwise  provided  by  this  Act  the  Corporation]  may
constitute such special funds as are prescribed by rules and such other funds
as may be necessary for the purposes of this Act. The constitution and disposal
of such funds shall be effected in the manner prescribed by rules.

Constitution
of Special
Funds.

2[91A. (1) The Corporation shall establish and set apart for the purposes
of budget estimate ‘ C ’ a separate fund to be called “ the Consolidated Water
Supply  and  Sewage  Disposal  Loan  Fund”  for  the  purposes  of  carrying  into
effect  the  provisions  of  Chapters  XII  and  XIII.

Establishment
of
Consolidated
Water
Supply and
Sewage
Disposal
Loan Fund.

(2) The  following  moneys  shall  be  credited  to  the  said  Loan  Fund,

namely :—

(a) any sums borrowed in exercise of the powers conferred by or under

this Act for the purposes of Chapters XII and XIII;

(b) such  portion  of  the  sinking  fund  referred  to  in  section  112  as  the

Corporation  may,  from  time  to  time,  determine.

(3) The  fund  so  established  shall  be  applied  for,—

(a) the  expenditure  on  capital  works  for  the  purposes  of  Chapters

XII and XIII;

(b) the  repayment  of  the  loans  raised  for  such  capital  works.

(4) Any moneys of the said fund, not used or not immediately to be used
in  accordance  with  sub-section  (3),  shall  be  invested  by  the  Commissioner,
on  behalf  of  the  Corporation,  with  the  sanction  of  the  Standing  Committee,
in such manner as he deems fit and proper.

91B.

(1) The Corporation shall establish and set apart a separate fund

to be called “ The Water and Sewage Fund ”.

Establishment
of Water  and
Sewage Fund.

(2) All moneys received by or on behalf of the Corporation under clause
(a) or (b) of section 129 or under sections 134 to 138 (both inclusive) or any
other  moneys  received  for  the  purposes  of  Chapters  XII  and  XIII  shall  be
credited  to  the  Water  and  Sewage  Fund  .

(3) All  moneys  payable  to  the  credit  of  the  said  Fund  shall  be  received
by  the  Commissioner  and  forthwith  paid  by  him  into  the  Bank  or  Banks
approved by the Standing Committee from time to time in this behalf to the
credit of account,  which shall be styled “ the Account of the Water and Sewage
Fund”:

1 These words were substituted for the words “The Corperation” by Mah. 28 of 1990, s. 6.
2 Sections 91A and 91B were inserted by Mah. 28 of 1990, s. 7.

H  610—15a

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Maharashtra  Municipal  Corporations  Act

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Provided  that,  the  Commissioner  may  retain  such  balance  in  cash  as

may be necessary for the purposes of Chapters XII and XIII.

(4) The  moneys  credited  to  the  said  Fund  from  time  to  time  shall  be

applied  only  for  payment  of  all  sums,  charges  and  costs  necessary  for  the

purposes  of  carrying  into  effect  the  provisions  of  Chapters  XII  and  XIII.

(5) Surplus  moneys  at  the  credit  of  the  said  Fund  which  cannot

immediately  or  at  an  early  date  be  applied  as  provided  in  sub-section  (4)

may, from time to time, be deposited by the Commissioner at interest in the

Bank or Banks approved by the Standing Committee or be invested in public

securities.

(6) All such deposits and investments shall be made by the Commissioner

on  behalf  of  the  Corporation,  with  the  sanction  of  the  Standing  Committee,

and with the like sanction, the Commissioner may at any time withdraw any

deposits  so  made  or  dispose  of  any  securities  and  re-deposit  or  re-invest  the

moneys so withdrawn or the proceeds of the disposal of the securities; but no

order  for  making  any  such  deposit  or  investment  or  withdrawal  or  disposal

shall have any validity, unless the same be in writing signed by two persons

in the manner specified in sub-section (1) of section 84 for signing cheques.

(7) The  loss,  if  any,  arising  from  any  such  deposit  or  investment

shall be debited to the Water and Sewage Fund. ]

Disposal  of  Balances.

92.

(1) Surplus  moneys  at  the  credit  of  the  Municipal  Fund  which

cannot immediately or at an early date be applied to the purposes of this Act

or  of  any  loan  raised  thereunder  may  be,  from  time  to  time,  deposited  at
interest in the Imperial Bank of India  1[or any other scheduled bank]  2[or an
approved co-operative bank] 3[or deposited with the State Government or with

any statutory corporation approved by the State Government] or be invested
in  public  securities  4[or  in  bonds  or  debentures  of  the  Central  Government,

State  Government,  Government  undertakings,  Government  Financial

Institutions  or  Unit  Trust  of  India] :

5[Provided  that  the  amount  of  money  to  be  deposited  in  an  approved

co-oprative  bank  shall  not  exceed  such  amount  as  may  be  specified  by  the

State  Government  generally  or  specially  in  respect  of  any  approved  co-

operative  bank.]

1 These words were substituted for the words and figures “or in any other bank selected by the
Corporation with the sanction of the State Government for the purposes of section 83” by
Bom. 10 of 1953, s. 4.

2 These words were inserted by Bom. 10 of 1954, s. 5(1).
3 This portion was added by Mah. 7 of 1986, s. 3.
4 These words were inserted by Mah. 32 of 2011, s. 26.
5 This proviso was inserted by Bom. 19 of 1954, s. 5(2).

Investment of
surplus
money.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

95

(2) All such deposits and investments shall be made by the Commissioner
on  behalf  of  the  Corporation  with  the  sanction  of  the  Standing  Committee
and, with the like sanction, the Commissioner may at any time withdraw any
deposit  so  made  or  dispose  of  any  securities  and  redeposit  or  reinvest  the
money  so  withdrawn  or  the  proceeds  of  the  disposal  of  such  securities.

(3) The loss, if any arising from any such deposit or investment shall be

debited  to  the  Municipal  Fund.

Accounts.

Bom.
LXI  of
1947.

93. Subject  to  the  provisions  of  section  361  of  the  Bombay  Primary
Education Act, 1947, and the rules made thereunder, accounts of the receipts
and expenditure of the Corporation shall be kept in such manner and in such
forms  as  the  Standing  Committee  shall  from  time  to  time  direct :

Accounts  to
be  kept  in
forms
prescribed  by
Standing
Committee.

1[Provided  that,  the  accounts  of  the  Consolidated  Water  Supply  and
Sewage  Disposal  Loan  Fund  and  the  Water  and  Sewage  Fund  shall  be
maintained  on  the  accrual  basis,  unless  otherwise  directed  by  the  Standing
Committee.]

94.

(1) The Commissioner shall, as soon as may be after each first day
of  April,  have  prepared  a  detailed  report  of  the  municipal  administration  of
the City, other than the administration of the Transport Undertaing, during
the  previous  official  year,  together  with  a  statement  showing  the  amount  of
the  receipts  and  disbursements  credited  and  debited  to  the  Municipal  Fund
during the said year and the balance at the credit of the Fund at the close of
the said year and shall submit the same to the Standing Committee.

Preparation
of  annual
administ-
ration  report
and
statement  of
accounts.

(2) The report shall be in such from and shall contain such information as

the  Standing  Committee  may  from  time  to  time  direct.

(3) After  examination  and  review  of  the  report  and  statement  by  the
Standing  Committee  a  printed  copy  of  such  report  and  statement  together
with  copy  of  the  Committee’s  review  shall  be  forwarded  to  the  usual  or  last
known  local  place  of  abode  of  each  councillor  by  such  date  as  the  Standing
Committee  may  from  time  to  time  prescribed  and  copies  thereof  shall  be
placed on sale at the municipal office at such price as the Commissioner may
fix.

Annual  Budget  Estimate.

95. The  Commissioner  shall  each  year  on  or  before  such  date  as  the
Corporation  may  from  time  to  time  prescribe  have  prepared  and  lay  before
the  Standing  Committee,  in  such  form  as  the  Committee  shall  from  time  to
time  approve,—

(a) an  estimate,  classified  in  accordance  with  the  rules,  of  the
expenditure  when  must  or  should,  in  his  opinion,  be  incurred  by  the
Corporation  in  the  next  official  year  from  the  Municipal  Fund  including

Estimates  of
income  and
expenditure
to  be
prepared
annually by
Com-
missioner.

1 The proviso was added by Mah. 28 of 1990, s. 8.

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Maharashtra  Municipal  Corporations  Act

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the amount of grant payable by the Corporation to the Primary Education

Fund, and of the amounts, if any, which should, in his opinion be credited
to,  or  expended  from,  a  special  fund;  1[including  the  Funds  established

under sections 91A and 91B];

(b) an  estimate  of  all  balances,  if  any,  which  will  be  available  for

reappropriation  or  expenditure  at  the  commencement  of  the  official  year ;

(c) an  estimate  of  the  Corporation’s  receipts  and  income  for  the  next

official year other than from taxation and from the Transport Undertaking ;

(d) a  statement  of  proposals  as  to  the  taxation  which  it  will,  in  his

opinion,  be  necessary  or  expedient  to  impose  under  the  provisions  of  this

Act in the next official year and an estimate of the receipts from taxation ;

(e) an estimate of the amounts due to be transferred during the next

official  year  from  the  Transport  Fund :

2[Provided  that  a  separate  estimate  of  the  income  and  expenditure  of

the Corporation for the next official year in respect of services under Chapter

XII  and  Chapter  XIII  shall  be  prepared.]

Explanation.—The  balance,  if  any,  available  in  any  special  fund  shall

not  be  deemed  to  be  available  for  reappropriation  or  expenditure  at  the

commencement of the next official year under clause (b) except in relation to

expenditure  which  may  be  met  from  such  fund  under  the  rules,  and  the

Commissioner shall determine whether the whole or any part of such balance

shall  be  taken  into  account  as  available  for  such  expenditure  at  the

commencement  of  the  next  official  year.

Report on
services
provided in a
subsidised
manner.

3[95A.

(1) Notwithstanding  anything  contained  in  this  Chapter,  the

Commissioner  or,  as  the  case  may  be,  the  Transport  Manager,  shall,  while

submitting the budget estimates to the Standing Committee, append thereto,

a  report  indicating  whether  the  following  services  were  provided  in  the  last

preceding  year  in  a  subsidised  manner  and,  if  so,  the  extent  of  the  subsidy,

the source from which the subsidy was met and the sections or categories of

the  local  population  who  were  the  beneficiaries  of  such  subsidy,  namely  :—

(a) water  supply  and  disposal  of  sewage,

(b) scavenging,  transporting  and  disposal  of  wastes,

(c) municipal  transport,  and

(d) street  lighting.

1 These words, figures and letters were added by Mah. 28 of 1990, s. 9.
2 This proviso was inserted by Mah. 41 of 1994, s. 70.
3 Section 95A was inserted by Mah. 41 of 1994, s. 71.

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Maharashtra  Municipal  Corporations  Act

97

(2)  The  Standing  Committee  or,  as  the  case  may  be,  the  Transport
Committee shall examine the report and place it before the Corporation with
its  recommendations,  if  any.

Explanation.—A  service  shall  be  construed  as  being  provided  in  a
subsidised  manner  if  its  total  cost,  comprising  the  expenditure  on  operation
and  maintenance  and  adequate  provision  for  depreciation  of  assets  and  for
debt servicing, exceeds the income relatable to the rendering of that service.]

96.

(1)  The  Standing  Committee  shall  consider  the  estimates  and
proposals  of  the  Commissioner  and  after  having  obtained  from  the
Commissioner  such  further  detailed  information,  if  any,  as  it  shall  think  fit
to require, and having regard to all the requirements of this Act, shall frame
therefrom  subject  to  such  modifications  and  additions  therein  or  thereto  as
it  thinks  fit  1[two  budget  estimates  for  the  next  official  year,  as  follows :—

Budget
estimates  to
be prepared
by Standing
Committee.

(a) budget estimate ‘ A’ of the income and expenditure other than,—
(i) the  income  and  expenditure  for  the  purposes  of  Chapters

XII and XIII ;

(ii) the  income  and  expenditure  in  respect  of  the  Transport

Undertaking ;
(b) budget  estimate  ‘ C ’  of  the  income  and  expenditure  for  the

purposes  of  Chapters  XII  and  XIII.]
(2) In  budget  estimate  “A”  the  Standing  Committee  shall,—

(a) propose with reference to the provisions of Chapter XI such rates

and extent of municipal taxes as it thinks fit;

(b) allow  for  the  appropriation  to  any  special  fund  of  the  sum
estimated  by  the  Commissioner,  revised  2[other  than  those  referred  to  in
clause  (a)  of  sub-section  (2A)]  as  it  thinks  proper ;

(c) provide  for  payment,  as  they  fall  due,  of  all  sums  and  of  all
instalments  of  principal  and  interest  for  which  the  Corporation  may  be
liable  under  this  Act  other  than  sums  and  instalments  of  principal,  and
interest for which the Corporation may be liable by reason of the acquisition,
extension,  administration,  operation  and  maintenance  of  the  Transport
Undertaking ;

(d)  provide  for  such  expenditure,  if  any,  as  it  considers  necessary  to

defray from the balance in any special fund ;

(e) allow for a cash balance at the end of the said year exclusive of the
balance,  if  any,  of  any  special  fund  of  not  less  than  one  lakh  of  rupees  or
such  smaller  amount  as  the  3[State]  Government  may  from  time  to  time
approve.

4[(2A) In  budget  estimate  ‘ C ’  the  Standing  Committee  shall,—

(a) propose  with  reference  to  the  provisions  of  Chapter  XI  such
rates  and  extgent  of  such  municipal  taxes,  namely,  water  tax,  water
benefit tax, sewerage tax, and sewerage benefit tax, or, where applicable
conservancy  tax,  as  it  thinks  fit  for  the  purposes  of  Chapters  XII  and
XIII ;

(b) state  the  estimate  of  receipt  of  the  aforesaid  taxes  or  of  any

other  receipts ;

(c) provide  for  payment  as  they  fall  due,  of  all  sums  and  of  all
instalments  of  principal  and  interest  for  which  the  Corporation  may  be
liable  under  this  Act  in  respect  of  matters  falling  under  Chapters  XII
and XIII ;

(d) provide  for  such  expenditure,  if  any,  as  the  Commissioner
considers necessary to be incurred by the Corporation in the next official
year for the purposes of Chapters XII and XIII.]

1 This portion was substituted for the portion begining with the words “a Budget of Estimates”

and ending with the words “official year” by Mah. 28 of 1990, s. 10(a).

2 These words, brackets, letters and figure were inserted by Mah. 28 of 1990, s. 10(b).
3 This word was substituted for the word “Provincial” by the Adapatation of Laws Order, 1950.
4 Sub-section (2A) was inserted by Mah. 28 of 1990, s. 10(c).

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Maharashtra  Municipal  Corporations  Act

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Estimates  of
expenditure
and income of
the Transport
Undertaking
to be prepared
annually by
Transport
Manager.

Budget
Estimate  ‘B’
to be prepared
by Transport
Committee.

(3) The  Commissioner  shall  cause  the  budget  estimate  framed  by  the
Standing Committee to be printed and shall, by such date as the Corporation
may from time to time prescribe, forward a printed copy thereof to the usual
or  last  known  local  place  of  abode  of  each  councillor.

(4) The budget estimate framed by the Standing Committee shall be laid
before the Corporation and it shall proceed to consider the same within fifteen
days  of  the  date  referred  to  in  sub-section (3).

97. The Transport Manager shall each year, on or before such date as
the Corporation may from time to time fix, have prepared and lay before the
Transport  Committee,  in  such  forms  as  the  Committee  shall  from  time  to
time  approve,—

(a)  an  estimate,  classified  in  accordance  with  the  rules,  of  the
expenditure  which  must  or  should,  in  his  opinion,  be  incurred  by  the
Corporation  in  the  next  ensuing  official  year  on  account  of  the  Transport
Undertaking  and  of  the  amounts,  if  any,  which  should  in  his  opinion  be
credited  to,  or  expended  from,  a  special  fund;

(b)  an  estimate  of  all  balances,  if  any,  which  will  be  available  for
reappropriation  or  expenditure  at  the  commencement  of  the  next  ensuing
official  year,  and  an  estimate  of  the  amounts  to  be  transferred  to  the
Municipal Fund during the next ensuing financial year under sections 359
and 360;

(c)  an  estimate  of  the  Corporation's  receipts  and  income  from  the

Transport  Undertaking  in  the  next  ensuing  official  year.

Explanation.—The balance, if any, available in any special fund shall
not  be  deemed  to  be  available  for  reappropriation  or  expenditure  at  the
commencement of the next official year under clause (b) except in relation
to expenditure which may be met from such fund under the rules, and the
Transport Manager shall determine whether the whole or any part of such
balance  shall  be  taken  into  account  as  available  for  expenditure  at  the
commencement  of  the  next  official  year.

98. (1)  The  Transport  Committee  shall  consider  the  estimates  of
the  Transport  Manager  and,  after  having  obtained  from  the  Transport
Manager  such  further  detailed  information,  if  any,  as  it  shall  think  fit  to
require,  and  having  regard  to  all  the  requirements  of  this  Act,  shall  frame
therefrom,  subject  to  such  modifications  and  additions  therein  or  thereto  as
it shall think fit, a budget estimate, to be called “ budget” estimate ‘ B ’ of the
income and expenditure for the next official year to be received and incurred
in  respect  of  the  Transport  Undertaking.

(2) In budget estimate ‘ B ’ the said Committee shall,—

(a)  provide  for  the  payment,  as  they  fall  due,  of  all  sums  and  of  all
instalments  of  principal  and  interest  for  which  the  Corporation  may  be
liable under this Act by reason of the acquisition, extension, administration,
operation  and  maintenance  of  the  Transport  Undertakings;

(b) allow for the appropriation to any special fund of the sum estimated

by the Transport Manager, revised as it thinks proper ;

(c) allow for amounts to be transferred during the next ensuing official

year to the Municipal Fund as provided in sections 359 and 360 ;

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Maharashtra  Municipal  Corporations  Act

99

(d) provide  for  such  expenditure,  if  any,  as  it  considers  necessary  to

defray from the balance in any special fund ;

(e) allow for cash balance at the end of the said year exclusive of the

balance,  if  any,  of  any  special  fund  of  not  less  than  one  lakh  of  rupees  or

such smaller amount as the Corporation may from time to time fix.

(3) The  Transport  Manager  shall  lay  budget  estimate  ‘B’  as  framed  by

the  Transport  Committee  before  the  Standing  Committee  on  or  before  such

date  as  the  Corporation  may  from  time  to  time  fix  in  this  behalf  and  the

Standing  Committee  shall  prepare  a  report  to  the  Corporation  thereon,

incorporating  the  remarks  and  recommendations,  if  any,  of  the  Standing

Committee.

(4) The  Municipal  Secretary  shall  cause  budget  estimate  ‘B’  and  the

report  of  the  Standing  Committee  thereon  to  be  printed  and  shall,  not  later

than  such  date  as  the  Corporation  may  from  time  to  time  fix  in  this  behalf,

forward a printed copy thereof to the usual or last known local place of abode

of  each  councillor.

99. The Corporation shall, on or before the twentieth day of February,

after  considering  the  Standing  Committee’s  proposals  in  this  behalf,

determine,  subject  to  the  limitations  and  conditions  prescribed  in  Chapter

XI, the rates at which municipal taxes referred to in sub-section (1) of section

127 shall be levied in the next ensuing official year and the rates at and the

extent  to  which  any  of  the  taxes  referred  to  in  sub-section  (2)  of  the  said

section  1*  *  which  the  Corporation  decides  to  impose  shall  be  levied  in  the

next  ensuing  official  year.

2 * *

3 * * * *

Fixing of rates
of taxes.

100. Subject  to  the  requirements  of  section  99,  the  Corporation  may

refer budget estimate ‘A’ 4[or, budget estimate ‘C’ as the case may be,] back to

the  Standing  Committee  and  budget  estimate  ‘B’  back  to  the  Transport

Committee    for  further  consideration,  or  adopt  the  budget  estimates  or  any

revised  budget  estimates  submitted  to  it,  either  as  they  stand  or  subject  to

Final
adoption of
budget
estimates.

such  alterations  as  it  deems  expedient :

Provided  that  the  budget  estimates  finally  adopted  by  the  Corporation

shall  fully  provide  for  each  of  the  matters  specified  in  clauses  (c)  and  (e)  of

1 These words “excluding local body tax under clause (aaa) thereof” were deleted by Mah. 42 of

2017, s. 34.

2 Section 99A was deleted by Mah. 42 of 2017, s. 35.
3 Sections 99B, 99C and 99D were deleted by Mah. 42 of 2017, s. 35.
4 These words and letter were inserted by Mah. 28 of 1990, s. 11 (a).

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

1[sub-section (2) and for the matters specified in clause (c) of sub-section (2A)

of section 96] and for each of the matters specified in clauses (a), (c) and (e) of
sub-section (2) of section 98, as the case may be :

Provided  futher  that  if  the  budget  estimates  are  not  finally  adpoted  by
the  Corporation  on  or  before  the  thirty-first  day  of  March  the  estimates  as

recommended  by  the  Standing  Committee  or  the  Transport  Committee,  as

the  case  may  be,  shall  be  deemed  to  be  budget  estimate  finally  adopted  by

the  Corporation  until  the  estimates  are  so  adopted.

Estimates  of
income and
expenditure
deemed to be
budget
estimates.

2[100A. Notwithstanding  anything  contained  in  this  Act,  if  for  any

reason  the  Standing  Committee  has  not  laid  budget  estimates  before

Corporation,  due  to  which  or  otherwise  the  Corporation  has  not  finally

adopted  the  budget  estimates  before  the  commencement  of  the  official  year
to  which  they  relate,  the  estimates  of  income  and  expenditure  prepared  by

the Commissioner under section 95 shall be deemed to be the budget estimates

for  the  year  until  the  Corporation  duly  adopts  the  budget  estimates  as  per

the  provisions  of  this  Act.]

Corporation
may increase
amount of
budget grants
and make
additional
grants.

101.

(1) On  the  recommendation  of  the  Standing  Committee  in  the

case of expenditure from  the Municipal Fund and the Transport Committee

in  the  case  of  expenditure  from  the  Transport  Fund,  the  Corporation  may

from time to time during an official year increase the amount of any budget
grant,  or  make  an  additional  budget  grant  for  the  purpose  of  meeting  any

special  or  unforesseen  requirement  arising  during  the  said  year,  but  not  so

that the estimated cash balance at the close of the year exclusive of the balance,

if any, of any special fund shall be reduced below one lakh of rupees or such
other amount as may have been fixed for the time being by the Corporation

in the case of either the Municipal Fund or the Transport Fund.

(2) Such  increased  or  additional  budget  grants  shall  be  deemed  to  be

included in the budget estimates adopted by the Corporation for the year in

which  they  are  made.

Provisions as
to unexpended
budget grants.

102.

If  the  whole  budget  grant  or  any  portion  thereof  remains
unexpended  at  the  close  of  the  year  in  the  budget  estimates  for  which  such

grant was included, and if the amount thereof has not been taken into account

in the opening balance of the Municipal Fund or the Transport Fund, as the

case  may  be,  entered  in  the  budget  estimates  of  any  of  the  two  following
years, the Standing Committee or the Transport Committee, as the case may

be,  may  sanction  the  expenditure  of  such  budget  grant  or  such  unexpended

portion  thereof,  as  the  case  may  be,  during  the  next  two  following  years  for

the completion, according to the original intention or sanction, of the purpose
or object for which the budget grant was made, but not upon any other purpose

or  object.

1 These  words,  brackets,  figures  and  letters  were  substituted  for  the  words,  brackets  and

figures “sub-section (2) of section 96” by Mah. 28 of 1990, s. 11(b).

2 Section 100A was inserted by Mah. 32 of 2011, s. 27.

101

Reductions or
transfers.

Readjustment
of income
and
expenditure
to be made
by the
Corporation
during
course of
official year
whenever
necessary.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

103. Reduction  in  and  transfers  from  one  budget  head  to  another  or

within a budget head shall be made in accordance with the rules.

104.

(1) If    it  shall  at  any  time  during  any  official  year  appear  to  the

Corporation  upon  the  representation  of  the  Standing  Committee  or

the  Transport  Committee  that,  notwithstanding  any  reduction  of  budget

grants  that  may  have  been  made  by  the  Appropriate  Committee  under  the

rules, the income of the Municipal Fund or the Transport Fund, as the case

may be, during the said year will not suffice to meet the expenditure sanctioned

in  the  budget  estimates  of  the  said  year  as  so  reduced  and  to  leave  at  the

close of the year a cash balance exclusive of the balance, if any, of any Special

Fund of not less than one lakh of rupees or such other amount as may have

been  fixed  for  the  time  being  by  the  Corporation  in  the  case  of  either  the

Municipal  Fund  or  the  Transport  Fund,  it  shall  be  incumbent  on  the

Corporation  to  sanction  forthwith  any  measure  which  shall  be  necessary  for

proportioning  the  year’s  income  to  the  expenditure.

(2) For  this  purpose  the  Corporation  may  diminish  the  sanctioned

expenditure of the year, so far as it may be possible so to do with due regard

to the provisions of this Act or to the obligations pertaining to the Transport

Undertaking, or have recourse to suplementary taxation or a revision of fares

and charges levied in respect of the Transport Undertaking, as the case may

be.

Scrutiny  and  Audit  of  Accounts.

105.

(1) The  Municipal  Chief  Auditor  shall  conduct  a  weekly

examination and audit of the municipal accounts and shall report thereon to

the Standing Committee who may also from time to time and for such period

as  it  thinks  fit  conduct  independently  an  examination  and  audit  of  the

municipal  accounts.

(2) For these purposes the Standing Committee and the Municipal Chief

Auditor shall have access to all the municipal accounts and to all records and

correspondence  relating  thereto,  and  the  Commissioner  shall  forthwith

furnish  to  the  Standing  Committee  or  the  Municipal  Chief  Auditor  any

explanation  concerning  receipts  and  disbursements  which  they  may  call  for.

Weekly
scrutiny of
accounts by
Municipal
Chief Auditor
and scrutiny
of accounts by
the Standing
Committee.

106.

(1) The  Municipal  Chief  Auditor  shall,—

Report by the
Chief Auditor.

(a) report  to  the  Standing  Committee  any  material  impropriety  or

irregularity which he may at any time observe in the expenditure or in the

recovery  of  money  due  to  the  Corporation  or  in  the  municipal  accounts ;

(b) furnish  to  the  Standing  Committee  such  information  as  the  said

Committee  shall  from  time  to  time  require  concerning  the  progress  of  the

audit.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(2) The Standing Committee shall cause to be laid before the Corporation
every report made by the Municipal Chief Auditor to the Standing Committee
and every statement of the views of the Municipal Chief Auditor or any matter
affecting  the  pursuance  and  exercise  of  the  duties  and  powers  assigned  to
him  under  this  Act  which  the  Municipal  Chief  Auditor  may  require  the
Standing  Committee  to  place  before  the  Corporation,  together  with  a  report
stating what orders have been passed by the Standing Committee upon such
report  or  statement,  and  the  Corporation  may  take  such  action  in  regard  to
the  matters  aforesaid  as  the  Corporation  may  deem  necessary.

(3) As soon as may be after the commencement of each official year the
Municipal  Chief  Auditor  shall  deliver  to  the  Standing  Committee  a  report
upon  the  whole  the  municipal  accounts  for  the  previous  official  year.

(4) The  Commissioner  shall  cause  the  said  report  to  be  printed  and
forward  a  copy  thereof  to  each  councillor  along  with  the  printed  copy  of  the
Administration  Report  and  Statement  of  Accounts  referred  to  in  section  94.

107. Sections 105 and 106 shall apply to the accounts of the Transport

Fund as if,—

(i) for  the  words  “ Standing  Committee ”  wherever  they  occur  the
words  “ Transport  Committee ”  and  for  the  word  “ Commissioner ”
wherever it occurs the words “ Transport Manager ” had been substituted;
and

(ii) for the figures “ 94 ” in sub-section (4) of section 106 the figures

“ 362 ”  had  been  substituted.

Application of
sections  105
and 106 to
accounts of
Transport
Fund.

Power of
State
Government
to require
audit by
Director,
Local Fund
Accounts
Audit.

1[107A. The  State  Government  shall  cause  the  annual  accounts  of  the
Corporation, including the Accounts of the Transport Undertaking, if any, to
be  audited  by  the  Director,  Local  Fund  Accounts  Audit.  On  receipt  of  the
report from the Director, Local Fund Accounts Audit of such audit, the State
Government  shall  forward  it  to  the  Commissioner.  The  Commissioner  shall
cause,  the  report  of  such  audit  to  be  laid  before  the  General  Body  of  the
Coporation  within  three  months  from  the  date  of  its  receipt.  The
Commissioner  shall,  thereafter,  take  further  necessary  action  on  the  report
as per the provisions of the Maharashtra Local Fund Audit Act.]

A special
audit may be
directed by
2[State]
Government.

108.

(1) The  2[State] Government may at any time appoint an auditor
for the purpose of making a special audit of the municipal accounts including
the  accounts  of  the  Transport  Undertaking  and  of  reporting  thereon  to  the
2[State] Government and the costs of any such audit  as determinted by the
2[State]  Government  shall  be  chargeable  to  the  Municipal  Fund  or  the
Transport Fund, as the case may be.

(2) An auditor so appointed may exercise any power which the Municipal

Chief  Auditor  may  exercise.

Bom.
XXV of
1930.

1 Section 107A was inserted by Mah. 12 of 2011, s. 6.
2 This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

103

CHAPTER X.

BORROWING POWERS.

109.

(1) The  Corporation  may,  with  the  previous  sanction  of  the

1[State] Government, from time to time, borrow or re-borrow and take up at

interest  by  the  issue  of  debentures  or  otherwise  on  the  security  of  any

immovable property vested in the Corporation or proposed to be acquired by

it under this Act or of all the taxes or of any tax which it is authorised to levy

for the purposes of this Act or the Transport Undertaking, or of all or any of

Powers of
Corporation
to borrow
money.

those  securities  any  sum  necessary  for  the  purpose  of,—

(a) defraying any costs, charges or expenses, incurred or to be incurred

by it in the execution of this Act ;

(b) for  discharging  any  loan  contracted  under  this  Act  or  any  other

loan  or  debt  for  the  repayment  of  which  the  Corporation  is  liable ;

(c) generally  for  carrying  out  the  purposes  of  this  Act,  including  the

advance  of  loans  authorised  thereunder  :

Provided  that,—

(i) no loan shall be raised for the execution of any work other than

permanent work, which expression shall include any work of which the

cost should, in the opinion of the 1[State]  Government, be spread over a

term  of  years ;

(ii) no  loan  shall  be  raised  unless  the  1[State]    Government  has

approved the terms on and the method by which the loan is to be raised

and  repaid ;

(iii) the  period  within  which  the  loan  is  to  be  repaid  shall  in  no

case exceed sixty years, and, where a loan is raised for the repayment of

a  previous  loan,  the  period  within  which  the  subsequent  loan  is  to  be

repaid shall not extend beyond the unexpired portion of the period fixed

for  the  repayment  of  the  original  loan,  unless  the  1[State]  Government

so  directs,  and  shall  in  no  case  extend  beyond  the  period  of  sixty  years

from the date on which the original loan was raised.

(2) When any sum of money has been borrowed or re-borrowed under

sub-section  (1),—

(a) no  portion  thereof  shall,  without  the  previous  sanction  of  the

1[State]  Government, be applied to any purpose other than that for which

it  was  borrowed ;  and

(b) no  portion  of  any  sum  of  money  borrowed  or  re-borrowed  for  the

execution  of  any  work  shall  be  applied  to  the  payment  of  salaries  or

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

allowances  of  any  municipal  officers  or  servants  other  than  those  who

are  exclusively  employed  upon  the  work  for  the  construction  of  which

the  money  was  borrowed :

Provided  that,  such  share  of  the  cost  on  account  of  the  salaries  and

allowances  of  municipal  officers  or  servants  employed  in  part  upon  the

preparation of plans and estimates or the construction or supervision of

or  upon  the  maintenance  of  the  accounts  of  such  work  as  the  Standing

Committee  may  fix  may  be  paid  out  of  the  sum  so  borrowed  or  re-

borrowed.

Restrictions
on utilisation
of funds
created by
Corporation.

Power of
Corporation
to borrow
from banks
against public
securities.

When and
how loan shall
be repaid.

1[109A. Notwithstanding anything contained in section 109, except with

the  prior  approval  of  the  State  Government,  neither  any  internal  loan  shall

be taken by the Corporation from any of the funds created by the Corporation

nor shall any utilisation of such funds for any purposes other than the purposes

for  which  the  funds  are  created  be  made  by  the  Corporation.]

110. Notwithstanding  anything  contained  in  section  109  the

Corporation may borrow for the purposes of this Act from any bank or banks

in  which  the  surplus  money  at  the  credit  of  the  Municipal  Fund  or  the

Transport Fund may be deposited, against any public securities in which for

the time being the cash balances of the Corporation may be invested.

111. Every  loan  raised  by  the  Corporation  under  section  109  shall  be

repaid  within  the  time  approved  under  proviso  (ii)  to  sub-section  (1)  of  the

said section and by such of the following methods as may be approved under

the  said  proviso,  namely :—

(a) by  payment  from  a  sinking  fund  established  under  section  112  in

respect  of  the  loan ;

(b) by  equal  payments  of  principal  and  interest ;

(c) by  equal  payments  of  principal ;

(d) in the case of a loan borrowed before the appointed day by annual

drawings  if  such  method  was  in  operation  for  the  repayment  of  such  loan

immediately  before  such  day ;

(e) from any sum borrowed for the purpose under section 109(1)(b) ; or

(f) partly from a sinking fund established under section 112 in respect

of the loan and partly from money borrowed for the purpose under section

109 (1)(b).

Maintenance
and
application of
sinking fund.

112.

(1) Whenever  the  repayment  of  a  loan  from  a  sinking  fund

has  been  sanctioned  under  proviso  (ii)  to  sub-section  (1)  of  section  109,  the

Corporation shall establish such a fund and shall pay into it, on such dates as
may  have  been  approved  under  the  said  proviso,  such  sum  as  will,  with

1 Section 109A was inserted by Mah. 32 of 2011, s.28.

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Maharashtra  Municipal  Corporations  Act

105

accumulations  of  compound  interest,  be  sufficient  after    payment  of  all
expenses  to  pay  off  the  loan  within  the  period  approved :

Provided that if at any time the sum standing to the credit of the sinking
fund  established  for  the  repayment  of  any  loan  is  of  such  amount  that  is
allowed to accumulate at compound interest it will be sufficient  to repay the
loan  within  the  period  approved,  then  with  the    permission  of  the  1[State]
Government  further  payments  into  such  fund  may  be  discontinued.

(2) The Corporation may apply a sinking fund, or any part thereof, in or
towards  the  discharge  of  the  loan  for  which  such  fund  was  established  and,
until such loan or part is wholly discharged, shall not apply the same for any
other  purpose.

113.

(1) All money paid into a sinking fund shall within one month of
the  date  on  which  the  payment  was  due  to  be  made  under  sub-
section  (1)  of  section  112  be  invested  in  public  securities.

Investment of
sinking fund.

(2) All interest and other sums received in respect of any such investment
shall be paid into the sinking fund and shall, within one month of receipt, be
invested  in  the  manner  prescribed  by  sub-section  (1).

(3) Money  standing  to  the  credit  of  two  or  more  sinking  funds  may,  at
the discretion of the Corporation, be invested in a common fund, and it shall
not  be  necessary  for  the  Corporation  to  allocate  the  securities  held  in  such
investment  among  the  several  sinking  funds.

(4) When any part of a sinking fund is invested in debentures issued by
the Corporation or is applied in paying off any part of a loan before the period
fixed  for  repayment,  the  interest  which  would  otherwise  have  been  payable
on such debenture or on such part of the loan shall be paid into the sinking
fund and invested in the manner laid down in sub-section (1).

(5) Any investment made under sub-section (1) may be varied from time

to time or may be transferred from one sinking fund to another :

Provided  that  the  fund  from  which  the  transfer  is  made  shall  be
reimbursed the value of such investment as on the date on which the transfer
is  made.

(6) During  the  year  in  which  the  loan  for  the  repayment  of  which  a
sinking fund is established is due for repayment, the sum to be set apart as
portion of the principal of such sinking fund and the sum received on account
of interest on moneys forming part of such sinking fund may be retained by
the Corporation in such form as it thinks fit.

114.

(1) In  respect  of  any  sinking  funds  which  by  this  Act  the
Corporation  is  directed  or  authorised  to  invest  in  public  securities  and  in
respect  of  any  surplus  moneys  which  by  this  Act  the  Commissioner  or  the
Transport  Manager  on  behalf  of  the  Corporation  is  empowered  to  invest  in
like securities, it shall be lawful for the Corporation to reserve and set apart
for the purpose of any such investment any debentures issued or to be issued
on  account  of  any  loan  for  which  the  sanction  of  the  1[State]  Government
shall  have  been  duly  obtained :

Investment of
sinking fund
and surplus
moneys in
debentures
issued by
Corporation.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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Maharashtra  Municipal  Corporations  Act

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Provided that the intention so to reserve and set apart such debentures
shall  have  been  notified  to  the  1[State]  Government  as  a  condition  of  the
issue of the loan.

(2) The  issue  of  any  such  debentures  direct  to  and  in  the  name  of  the
Municipal  Commissioner  or  the  Transport  Manager  of  the  Transport

Undertaking  on  behalf  of  the  Corporation  shall  not  operate  to  extinguish  or
cancel  such  debentures,  but  every  debenture  so  issued  shall  be  valid  in  all
respects as if issued to and in the name of any other person.

(3) The purchase by, or the transfer, assignment or endorsement to, the

Corporation  or  to  the  Commissioner  or  Transport  Manager  on  behalf  of  the
Corporation of any debenture issued by the Corporation shall not operate to
extinguish or cancel any such debenture, but the same be valid and negotiable

in  the  same  manner  and  to  the  same  extent  as  if  held  by,  or  transferred,
assigned  or  endorsed  to,  any  other  person.

Annual
examination
of sinking
funds.

115. (1) All sinking funds established or maintained under this Act shall
be subject to annual examination by 2[the Chief Auditor, Local Fund Accounts]
who shall ascertain whether the cash and the value of the securities belonging
thereto  are  actually  equal  to  the  amount  which  should  be  at  the  credit  of

such funds had investments been regularly made and had the rate of interest
as  originally  estimated  been  obtained  therefrom.

(2) The amount which should be at the credit of a sinking fund shall be
calculated  on  the  basis  of  the  present  value  of  all  future  payments  required
to be made to such fund under the provisions of this Act, on the assumption

that all investments are regularly made and the rate of interest as originally
estimated  is  obtained  therefrom.

(3) The  securities  belonging  to  a  sinking  fund  shall  be  valued  for  the
purposes  of  this  section  at  their  current  market  value,  except  in  the  case  of

debentures issued under this Act or for any loan raised before the appointed
day for which the Corporation is liable which shall always be valued at par,
provided  that,  the  Corporation  shall  make  good  immediately  any  loss  which

may accrue on the actual sale of such debentures at the time of repayment of
the  loan.

(4) The Corporation shall forthwith pay into any sinking fund any amount
which  2[the  Chief  Auditor,  Local  Fund  Accounts]  may  certify  to  be  deficient,
unless  the  1[State]  Government  specially  sanctions  a  gradual  readjustment.

(5) If the cash and the value of the securities at the credit of any sinking
fund  are  in  excess  of  the  amount  which  should  be  at  its  credit,  2[the  Chief
Auditor,  Local  Fund  Accounts]  shall  certify  the  amount  of  such  excess  sum
and the Corporation may thereupon transfer the excess sum to the Municipal

Fund :

1 This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950.
2 These words were substituted for the words " the Accountant General, Bombay," by Mah. 42

of 1976, s.18.

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Maharashtra  Municipal  Corporations  Act

107

Provided that  the Corporation may transfer such excess sum or portion
thereof  as  it  may  determine  to  the  Transport  Fund  if  the  sinking  fund  from
which the transfer is made pertains to a loan which has been raised in whole
or  part  for  the  purposes  of  the  Transport  Undertaking.

(6) If  any  dispute  arises  as  to  the  accuracy  of  any  certificate  made  by
1[the Chief Auditor, Local Fund Accounts] under sub-sections (4) and (5) the
Corporation  may,  after  making  the  payment  or  transfer,  refer  the  matter  to
the  2[State]  Government,  whose  decision  shall  be  final.

116.

In the case of all loans raised before the appointed day for which

the  Corporation  is  liable  the  following  provisions  shall  apply :—

(a)  if  when  such  loans  were  raised  the  loans  were  made  repayable
from  sinking  funds,  the  Corporation  shall  establish  sinking  funds  for  the
repayment of such loans and shall pay into such funds such sums on such
dates as may have been fixed when the loans were raised ;

(b) all securities and cash held on the date immediately preceding the
appointed day in sinking funds established for the repayment of such loans
shall  be  held  by  the  Corporation  as  part  of  the  sinking  funds  established
under  clause  (a) ;

(c) the provisions of section 112 shall apply to such sinking funds ;

(d) if when any such loans were raised the loans were made repayable
by  equal  payments  of  principal  and  interest  or  by  equal  payments  of
principal or by annual drawings, the Corporation shall make such payments
or  annual  drawings  on  such  dates  and  in  such  manner  as  may  have  been
fixed  when  the  loans  were  raised  ;

(e) the  provisions  of  section  117  shall  apply  to  such  loans.

Provisions for
loans raised
before the
appointed
day.

117.

(1) If  any  money  borrowed  by  the  Corporation  or  any  interest  or
costs  due  in  respect  thereof  is  or  are  not  repaid  according  to  the  conditions
of the loan, the  2[State] Government, if it has itself given the loan, may, and
in  other  cases  shall,  on  the  application  of  the  lender,  attach  the  Municipal
Fund  or  the  Transport  Fund  or  a  portion  of  the  Municipal  Fund  or  the
Transport  Fund.

Attachment of
Municipal
Fund or
Transport
Fund in
default of
repayment of
loan.

(2) After such attachment no person, except an officer appointed in this
behalf  by  the  2[State]  Government,  shall  in  any  way  deal  with  the  attached
Fund  or  portion  thereof ;  but  such  officer  may  do  all  acts  in  respect  thereof
which  any  municipal  authority,  officer  or  servant  might  have  done  if  such
attachment  had  not  taken  place  and  may  apply  the  proceeds  in  satisfaction
of  the  arrears  and  of  all  interest  and  cost  due  in  respect  thereof  and  of  all
expenses  caused  by  the  attachment  and  subsequent  proceedings  :

Provided that, no such attachment shall defeat or prejudice any debt for
which  the  Fund  or  portion  thereof  attached  was  previously  pledged  in

1 These words were substituted for the words " the Accountant General, Bombay," by Mah. 42

of 1976, s. 18.

2 This word was substituted for the word " Provincial" by the Adaptation of Laws Order, 1950.

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Maharashtra  Municipal  Corporations  Act

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accordance  with  law,  and  all  such  prior  charges  shall  be  paid  out  of  the
proceeds  of  the  Fund  or  portion  thereof  before  any  part  of  the  proceeds  is
applied to the satisfaction of the liability in respect of which such attachment
is  made.

Form of
debentures.

118.

(1) Debentures issued under this Act shall be in such form as the
Corporation may with the previous sanction of the 1[State] Government from
time  to  time  determine.

(2) The holder of any debenture in any form duly authorised under sub-
section  (1)  may  obtain  in  exchange  therefor  upon  such  terms  as  the
Corporation  shall  from  time  to  time  determine,  a  debenture  in  any  other
form  so  authorised.

(3) Every  debenture  issued  by  the  Corporation  under  this  Act  shall  be

transferable  by  endorsement.

(4) The right to payment of the moneys secured by any of such debentures
and to sue in respect thereof shall vest in the holder for the time being without
any  preference  by  reason  of  some  of  such  debentures  being  prior  in  date  to
others.

119.

All coupons attached to debentures issued under this Act shall
be signed by the Chairman of the Standing Committee and the Commissioner
on  behalf  of  the  Corporation  and  such  signatures  may  be  engraved,
lithographed  or  impressed  by  any  mechanical  process.

120.

Notwithstanding anything contained in section 45 of the Indian

Contract  Act,  1872,—

IX of
1872.

(1) when any debenture or security issued under this Act is payable to
two or more persons jointly, and either or any of them dies, the debenture
or  security  shall  be  payable  to  the  survivor  or  survivors  of  such  persons :

Provided that nothing in this sub-section shall affect any claim by the
legal representative of a deceased person against such survivor or survivors;

(2)  when  two  or  more  persons  are  joint  holders  of  any  debenture  or
security issued under this Act, any one of such persons may give an effectual
receipt  for  any  interest  or  dividend  payable  in  respect  of  such  debenture
or security unless notice to the contrary has been given to the Corporation
by any other of such persons.

Coupons
attached to
debentures to
bear
signature of
Chairman of
Standing
Committee
and
Commissioner.

Debentures
issued to two
or more
persons
jointly.

Issue of
duplicate
securities.

121.

(1)  When  a  debenture  issued  under  this  Act  is  alleged  to  have
been lost, stolen or destroyed either wholly or in part and a person claims to
be the person to whom but for the loss, theft or destruction it would be payable,
he  may,  on  application  to  the  Commissioner,  and  on  producing  proof  to  his

1 This word was substituted for the word " Provincial " by the Adaptation of Laws Order, 1950.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

109

satisfaction  of  the  loss,  theft  or  destruction  and  of  the  justice  of  the  claim,
obtain from him an order,—

(a) if  the  debenture  alleged  to  have  been  lost,  stolen  or  destroyed  is
payable more than six years after the date of publication of the notification
referred  to  in  sub-section  (2),—

(i)  for  the  payment  of  interest  in  respect  of  the  debenture  pending

the  issue  of  a  duplicate  debenture,  and

(ii)  for  the  issue  of  a  duplicate  debenture  payable  to  the  applicant,

or

(b) if  the  debenture  alleged  to  have  been  lost,  stolen  or  destroyed  is
payable  not  more  than  six  years  after  the  date  of  publication  of  the
notification  referred  to  in  sub-section  (2),—

(i)  for  the  payment  of  interest  in  respect  of  the  debenture  without

the  issue  of  a  duplicate  debenture,  and

(ii)  for  the  payment  to  the  applicant  of  the  principal  sum  due  in
respect  of  the  debenture  on  or  after  the  date  on  which  the  payment
becomes  due.

(2) An  order  shall  not  be  passed  under  sub-section  (1)  until  after  the
issue of such notification of the loss, theft or destruction of the debenture as
may be prescribed by the Corporation, and after the expiration of such period
as  may  be  prescribed  by  the  Corporation  nor  until  the  applicant  has  given
such indemnity as may be required by the Corporation against the claims of
all  persons  deriving  title  under  the  debenture  lost,  stolen  or  destroyed.

(3) A list of the debentures in respect of which an order is passed under

sub-section  (1)  shall  be  published  in  the Official  Gazette.

(4) If at any time before the Corporation becomes discharged under the
provisions of section 124 from liability in respect of any debenture the whole
of  which  is  alleged  to  have  been  lost,  stolen  or  destroyed,  such  debenture  is
found,  any  order  passed  in  respect  thereof  under  this  section  shall  be
cancelled.

122.

(1)  A  person  claiming  to  be  entitled  to  a  debenture  issued  under
this Act may, on applying to the Commissioner and on satisfying him of the
justice  of  his  claim  and  delivering  the  debenture  receipted  in  such  manner
and  paying  such  fee  as  may  be  prescribed  by  the  Commissioner,  obtain  a
renewed  debenture  payable  to  the  person  applying.

(2) Where there is a dispute as to the title to a debenture issued under
this  Act  in  respect  of  which  an  application  for  renewal  has  been  made,  the
Commissioner  may,—

(a) where any party to the dispute has obtained a final decision from
a  Court  of  competent  jurisdiction  declaring  him  to  be  entitled  to  such
debenture,  issue  a  renewed  debenture  in  favour  of  such  party,

(b) refuse  to  renew  the  debenture  until  such  a  decision  has  been

obtained,  or

H  610—17a

Renewal of
debentures.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(c) after such inquiry as is hereinafter provided and on consideration
of the result thereof, declare by order in writing which of the parties is in
his  opinion  entitled  to  such  debenture  and  may,  after  the  expiration  of
three months from the date of such declaration, issue a renewed debenture
in favour of such party in accordance with the provisions of sub-section (1),
unless  within  that  period  he  has  received  notice  that  proceedings  have
been instituted by any person in a Court of competent jurisdiction for the
purpose  of  establishing  a  title  to  such  debenture.

Explanation.—For the purposes of this sub-section the expression “ final
decision  ”  means  a  decision  which  is  not  appealable  or  a  decision  which  is
appealable  but  against  which  no  appeal  has  been  filed  within  the  period  of
limitation  allowed  by  law.

(3) For  the  purposes  of  the  inquiry  referred  to  in  sub-section  (2)  the
Commissioner  may  himself  record,  or  may  request  1[the  Presidency
Magistrate  specially  empowered  by  the  State  Government,  in  Greater
Bombay,  and  elsewhere,  the  District  Magistrate]  to  record  or  to  have
recorded, the whole or any part of such evidence as the parties may produce.
The Magistrate to whom such request has been made may himself record the
evidence  or  may  direct  any  Magistrate  subordinate  to  him  to  record  the
evidence and shall forward the record of such evidence to the Commissioner.

(4) The Commissioner or any Magistrate acting under this section may,

if  he  thinks  fit,  record  evidence  on  oath.

Liability in
respect of
debenture
renewed.

123.

(1) When a renewed debenture has been issued under section 122
in favour of any person, the debenture so issued shall be deemed to constitute
a  new  contract  between  the  Corporation  and  such  person  and  all  persons
deriving  the  title  thereafter  through  him.

Discharge in
certain cases.

(2) No such renewal shall affect the rights as against the Corporation of

any  other  person  to  the  debenture  so  renewed.

124. When a duplicate debenture has been issued under section 121 or
when  a  renewed  debenture  has  been  issued  under  section  122  or  when  the
principal  sum  due  on  a  debenture  in  respect  of  which  an  order  has  been
made  under  section  121  for  the  payment  of  the  principal  sum  without  the
issue  of  a  duplicate  debenture  has  been  paid  on  or  after  the  date  on  which
such  payment  became  due,  the  Corporation  shall  be  discharged  from  all
liability in respect of the debenture in place of which a duplicate or renewed
debenture has been so issued or in respect of which such payment has been
made, as the case may be,—

(a) in  the  case  of  a  duplicate  debenture,  after  the  lapse  of  six  years
from the date of the publication of the notification referred to in sub-section
(3)  of  section  121  or  from  the  date  of  the  last  payment  of  interest  on  the
original  debenture,  whichever  date  is  later ;

1 These words were substituted for the words beginning with the words “the Chief Presidency
Magistrate” and ending with the words “First Class” by Bom. 8 of 1954, s.2, Schedule—Part
III.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

111

(b) in  the  case  of  a  renewed  debenture  after  the  lapse  of  six  years

from the date of the issue thereof ; and

(c) in the case of payment of the principal sum without the issue of a

duplicate  debenture,  after  the  lapse  of  six  years  from  the  date  of

the  publication  of  the  notification  referred  to  in  sub-section  (3)  of  section

121.

125. Notwithstanding anything in section 122, the Commissioner may

Indemnity

in  any  case  arising  thereunder,—

(1) issue  a  renewed  debenture  upon  receiving  such  indemnity  in

favour of the Corporation and the Commissioner as he shall think fit against

the  claims  of  all  persons  claiming  under  the  original  debenture,  or

(2) refuse  to  issue  a  renewed  debenture  unless  such  indemnity  is

given.

126.

(1) The  Commissioner  shall,  at  the  end  of  each  year,  prepare  a

statement  showing,—

(a) the loans borrowed in previous years for which the Corporation is

liable and which have not been completely repaid before the commencement

of  the  year,  with  particulars  of  the  amount  outstanding  at  the

commencement  of  the  year,  the  date  of  borrowing  and  the  annual  loan

Annual
statement
to be prepared
by
Commissioner.

charges ;

(b) the loans borrowed by the Corporation in the year with particulars

as to the amount and the date of borrowing and the annual loan charges ;

(c) in  the  case  of  every  loan  for  which  a  sinking  fund  is  maintained

the  amount  of  accumulation  on  the  sinking  fund  at  the  close  of  the  year

showing separately the amount paid to the credit of the fund in the year ;

(d) the loans repaid in the year and in the case of the loans repaid in

instalments  or  by  annual  drawings,  the  amounts  repaid  in  the  year,  and

the balance due at the close of the year ;

(e) the particulars of securities in which the sinking funds have been

invested  or  reserved  therefor.

(2) Every  such  statement  shall  be  laid  before  a  meeting  of  the

Corporation and shall be published in the Official Gazette and a copy of such

statement  shall  be  sent  to  the  1[State]  Government  and  to  the  Accountant

General,  Bombay.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

CHAPTER XI.

MUNICIPAL  TAXATION.

Taxes to be
imposed
under this
Act.

127.

(1) For  the  purposes  of  this  Act,  the  Corporation  shall  impose

the  following  taxes,  namely :—

(a) property  taxes ;

(b) a tax on vehicles, boats and animals.

(2) In  addition  to  the  taxes  specified  in  sub-section  (1)  the  Corporation
may for the purposes of this Act and subject to the provisions thereof impose
any of the following taxes, namely :—

1*

2*

*

*

*

*

(c) a tax on dogs ;

(d) a  theatre  tax ;

*

*

*

*

*

*

*

(e) a  toll  on  animals  and  vehicles,

3*

*

*

*

*

entering  the  City ;

*[(f) any other tax 4[(not being a tax on profession, trades, callings and

employments),]  which  the  5[State]  Legislature  has  power  under  the

6[Constitution]  to  impose  in  the  5[State].

1 Clauses (a), (aa) and (aaa) were deleted by Mah. 42 of 2017, s. 36.

2 Clause (b) was deleted by Mah. 16 of 1975, Schedule II.

3 The words and figures “other than motor vehicles or trailers, save as provided in section 14 of
the Bombay Motor Vehicles Tax Act, 1935” were deleted by Bom. 65 of 1958, s. 25, Third
Schedule.

4 These brackets and words were inserted by Mah. 16 of 1975, Schedule II.

5 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

6 This word was substituted for the portion “Government of India Act, 1935”, by the Adaptation

of Laws Order, 1950.

* Clause  (f)  of  sub-section  (2)  and  sub-section  (4)  of  section  127  stand  unmodified  by  the

Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

113

Bom. LXV
of 1958.

1[(2A) Notwithstanding  anything  contained  in  sub-section  (1)  or

sub-section  (2),  no  tax  or  toll  shall  be  levied  on  motor  vehicles  save  as

provided in section 20 of the Bombay Motor Vehicles Tax Act, 1958].

(3) The  Municipal  taxes  shall  be  assessed  and  levied  in  accordance

with the provisions of this Act and the rules.

*(4) Nothing  in  this  section  shall  authorise  the  imposition  of  any  tax

which the 2[State] Legislature has no power to impose in the 2[State] under

the  3[Constitution].

128. A  Municipal  tax  may  be  recovered  by  the  following  processes  in

the  manner  prescribed  by  rules :—

(1) by  presenting  a  bill,

(2) 4*

*

*

*

Manner of
recovering
Municipal
Taxes.

(3) by  distraint  and  sale  of  a  defaulter’s  movable  property,

(4) by  the  attachment  and  sale  of  a  defaulter’s  immovable  property,

(5) in the case of 5*  * toll, by the seizure and sale of goods and vehicles,

(6) in the case of property tax by the attachment of rent due in respect

of  the  property,

(7) by  suit.

PROPERTY TAXES.

6[Property  taxes  leviable  on  reteable  value  or  capital  value.]

7[128A.

(1) Poperty  taxes  leviable  on  buildings  and  lands  in  the  City

under  this  Act  shall  include  water  tax,  water  benefit  tax,  sewerage  tax,

sewerage  benefit  tax,  general  tax,  education  cess,  street  tax  and  betterment

Property
taxes what to
consist.

charges.

(2) For the purposes of levy of property taxes, the expression “ building ”

includes a flat, a gala, a unit or any portion of the building.

1 This sub-section was inserted by Bom.  65 of 1958, s. 25, Third Schedule.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
3 This word was substituted for the portion “Government of India Act, 1935”, by the Adaptation

of Laws Order, 1950.

4 Clause (2) was deleted by Mah. 10 of 2010, s. 2 (1).
5 The words “Octroi and” were deleted by Mah. 42 of 2017, s. 37.
6 This  heading  was  substituted  for  the  heading  “Property  Taxes  leviable”,  ibid,

s. 2 (2).

7 Section 128A was inserted, by Mah. 10 of 2010, s. 3.
* Clause  (f)  of  sub-section  (2)  and  sub-section  (4)  of  section  127  stand  unmodified  by  the

Bombay Adaptation of Laws (State and Concurrent Subjects) Order, 1956.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

1[Property
taxes leviable
on rateable
value, or on
capital value,
as the case
may be, and
at what rate].

(3) All  or  any  of  the  property  taxes  may  be  imposed  on  a  graduated

scale.

(4) Save  as  otherwise  provided  in  this  Act,  it  shall  be  lawful  for  the

Corporation to continue to levy all or any of the property taxes on the rateable

value  of  buildings  and  lands  until  the  Corporation  adopts  levy  of  any  or  all

the  property  taxes  on  such  buildings  and  lands  on  the  capital  value  thereof

under  sub-section  (2)  of  section  129.]

129.

2[(1)] 3[The following property taxes shall, subject to the exceptions,

limitations  and  conditions  hereinafter  provided,  be  levied  on  buildings  and

lands in the City :—

(a) a  water  tax  at  such  percentage  of  their  rateable  value  4[or  their

capital value as the case may be,] as the Corporation shall deem reasonable,

for  providing  a  water  supply  for  the  City ;

5[(aa) an additional water tax which shall be called “ the water benefit

tax ”  at  such  percentage  of  their  rateable  value  6[or  their  capital  value  as

the  case  may  be,]  as  the  Corporation  may  consider  necessary  for  meeting

the whole or part of the expenditure incurred or to be incurred on capital

works  for  making  and  improving  the  facilities  of  water  supply ;]

7[(b) conservancy  tax  or  the  sewerage  tax  at  such  percentage  of  their

rateable value 6[or their capital value as the case may be,] as the Corporation

may  consider  necessary  for  the  collection,  removal  and  disposal  of  human

waste  and  other  wastes ;

(bb) an  additional  conservancy  or  sewerage  tax  which  shall  be  called

“ the sewerage  benefit tax ” at such percentage of their rateable value  6[or

their  capital  value  as  the  case  may  be,]  as  the  Corporation  may  consider

necessary  for  meeting  the  whole  or  a  part  of  the  expenditure  incurred  or

to be incurred on capital works for making and improving the facilities for

the  collection,  removal  and  disposal  of  human  waste  and  other  waste ;]

1 This marginal note was substituted by Mah. 10 of 2010., s. 4 (1).
2 Section 129 was re-numbered as sub-section (1) thereof, by Mah. 10 of 2010, s. 4 (2).
3 These words were substituted for the portion beginning with the words “For the purposes”

and ending with the words “taxes which”, by Mah. 10 of 2010, s. 4 (2) (A) (i).

4 These words were inserted, by Mah. 10 of 2010, s. 4 (2) (a) (ii).
5 Clause (aa) was inserted by Mah. 28 of 1990, s. 12 (a).
6 These words were inserted by Mah. 10 of 2010, s. 4 (2) (A) (iii), (iv) and (v).
7 These clauses were substituted for clause (b) by Mah. 28 of 1990, s. 12 (b).

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Maharashtra  Municipal  Corporations  Act

115

(c) a  general  tax  of  not  less  than  twelve  per  cent.  of    their  rateable

value  1[or  of  not  less  than  0.1  and  not  more  than  1  per  centum  of  their

capital value, as the case may be,] which may be levied, if the Corporation

so determines 2*

*

*

*

*

3[together with not less than one-

eight  and  not  more  than  4[two  per  centum]  of  their  rateable  value    5[or  of

not less than 0.01 and not more than 0.2 per centum of their capital value,

as  the  case  may  be,]  added  to  the  general  tax  in  order  to  provide  for  the

expenses  necessary  for  fulfilling  the  duties  of  the  Corporation  imposed  or

arising by or under clause (5) of section 63 and Chapter XVII] :

Provided  that  the  Corporation  may,  when  fixing  under  section  99  or

section  150  the  rate  at  which  general  tax  shall  be  levied  for  any  official

year or part of an official year, determine that the rate leviable in respect

of  buildings  and  lands  or  portions  of  buildings  and  lands  in  which  any

particular class of trade or business is carried on shall be higher than the

rate  fixed  in  respect  of  other  buildings  and  lands  or  portions  of  buildings

and lands by amount not exceeding one-half of the rate so fixed.

Explanation.—Where  any  portion  of  a  building  or  land  is  liable  to  a

higher rate of the general tax such portion shall be deemed to be a separate

property  for  the  purpose  of  municipal  taxation ;

6[(d) the  education  cess,  leviable  under  section  148A ;

(e) the  street  tax,  leviable  under  section  148C] ;

7[(f) the  betterment  charges  leviable  under  Chapter  XVI].

8*

*

*        .

9[(2) Notwithstanding anything contained in any other provisions of this

Act,  but  save  as  otherwise  provided  in  the  proviso  and  the  Explanation  to

sub-section  (1),  the  Corporation  may  pass  a  resolution  to  adopt  levy  of

property tax on buildings and lands in the city on the basis of capital value of

the  buildings  and  lands  on  and  from  such  date,  and  at  such  rates,  as  the

Corporation may determine in accordance with the provisions of section 99 :

Provided  that,  for  the  period  of  five  years  from  the  date  on  which  such

property  tax  is  levied  on  capital  value,  the  tax  shall  not  exceed,—

(i) in  respect  of  building  used  for  residential  purposes,  two  times,

and

1 These words and figures were inserted by Mah. 10 of 2010, s. 4 (2) (A) (vi) (a).
2 The words “on a graduated scale” were deleted by Mah. 41 of 1994, s. 72 (a).
3 These words, brackets and figures were inserted by Mah. 27 of 1975, s. 3.
4 These words were substituted for the words “three quarters per centum” by Mah. 12 of 1993,

s. 16 (a).

5 These words and figures were inserted by Mah. 10 of 2010, s. 4(2)(A)(vi)(b).
6 This clause was added by Mah. 12 of 1993, s. 16 (b).
7 Clause (f) was inserted by Mah. 10 of 2010, s. 4 (2) (A) (vii).
8 The proviso was deleted, by Mah. 10 of 2010, s. 4 (2) (A) (viii).
9 Sub-section (2) was added, by Mah. 10 of 2010, s. 4 (2) (B).

H  610—18

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(ii) in  respect  of  building  or  land  used  for  non-residential  purposes,

three  times,

the amount of the property tax leviable in respect thereof in the year

immediately  preceding  such  date :

1[Provided  further  that,  where  the  property  taxes  levied  in  respect  of
any  residential  or  non-residential  building  or  portion  thereof  were  on  the
basis of annual letting value arrived at considering leave and licence charges,
by  whatever  name  called,  then  for  the  purposes  of  the  first  proviso,  it  shall
be  lawful  for  the  Commissioner  to  ascertain  such  tax  leviable  during  such
immediately preceding year, as if such building or portion thereof were self-
occupied  and  had  been  so  entered  in  the  assessment  book :]

2[Provided  3[also]  that,  the  Corporation  may  determine  different  rates
of property tax for different categories of user of a building or land or a part
thereof :]

4[Provided also that ] the property tax levied on the basis of capital value
of  any  buildings  or  lands,  on  revision  made  under  sub-rule  (3)  of  rule  7A  of
the TAXATION RULES in Chapter VIII of Schedule ‘D’, shall not in any case
exceed 40 per centum of the amount of the property tax payable in the year
immediately  preceding  the  year  or  such  revision :

Provided  also  that,  for  the  period  of  five  years  commencing  from  the
year  of  adoption  of  capital  value  as  the  base  for  levy  of  property  tax  under
this sub-section, the amount of property tax leviable in respect of a residential
building or residential tenement, having carpet area of 46.45 sq. meters (500
sq. feet) or less, shall not exceed the amount of property tax levied and payable
in the year immediately preceding the year of such adoption of capital value
as the basis.

Explanation.—For  the  purposes  of  this  section,  after  the  Corporation
adopts the capital value as the basis of levy of property tax, the property tax
in respect of any taxable building shall be revised after every five years and
on  each  such  revision,  such  amount  of  property  tax,  shall  not  in  any  case
exceed the forty per cent. of the amount of the property tax levied and payable
in  the  year  immediately  preceding  the  year  of  the  revision.]

Levy of
property tax
at reduced
rates in
respect of
buildings and
lands of
Special
Development
Projects.

5[129-1A. Notwithstanding  anything  contained  in  section  129  or  any
other  provisions  of  this  Act,  the  property  tax  in  respect  of  buildings  and
lands  belonging  to  the  Special  Development  Project  shall  be  levied  at  such
reduced  rate,  as  the  State  Government  may,  by  notification  in  the  Official
Gazette, from time to time, fix ; and different rates may be fixed for different
periods  and  for  different  Special  Development  Projects.

Explanation.—For  the  purposes  of  this  section,  “ Special  Development

Project ”  means,—

1 This proviso was inserted by Mah. 11 of 2011, s. 8(a).
2 This proviso was inserted by Mah. 27 of 2010, s. 11(1).
3 This word was substituted for the word “further” by Mah. 11 of 2011, s. 8(b).
4 These words were substituted for the words “Provided further that” by Mah. 27 of 2010, s.

11(2).

5 Section 129-1A was inserted by Mah. 19 of 2006, s. 4.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

117

Mah.
XXXVII
of 1966.

(i) a  development  project  undertaken  either  by  the  Government  or
by the Planning Authority, within the meaning of clause (19) of section 2 of
the Maharashtra Regional and Town Planning Act, 1966 ; or

(ii) “ a  Mega  Project ”  within  the  meaning  of  the  Package  Scheme  of

Incentives,  2001,

approved by the High Power Committee under the Chairmanship of the Chief
Secretary  to  Government  and  declared  by  the  State  Government,  by
notification  in  the  Official  Gazette,  to  be  the  Special  Development  Project.]

1[129-2A.

(1) Where  a  Corporation  passes  a  resolution  to  adopt  levy
of  property  taxes  on  buildings  and  lands  in  the  City,  on  the  basis  of  capital
value of buildings and lands, notwithstanding anything contained in any other
provisions of this Act, the following provisions shall apply in the official year
in which such tax is levied on the basis of capital value of buildings and lands,
namely :—

Transitory
provisions in
respect of
property taxes
on capital
value.

(i) until  the  capital  value  of  the  buildings  and  lands  in  the  City  are
fixed,  the  tax  leviable  and  payable  in  respect  of  such  buildings  and  lands
shall  provisionally  be  equal  to  the  amount  of  tax  leviable  and  payable  in
the  preceding  year  and  it  shall  be  lawful  for  the  Corporation  to  issue  a
provisional  bill  for  the  tax  accordingly ;

(ii) on  fixation  of  the  capital  value  of  the  buildings  and  lands,  the

Corporation  shall  issue  a  final  bill  of  assessment  of  property  taxes ;

(iii) after  such  final  assessment,  if  it  is  found  that  the  assessee  has
paid  excess  amount,  such  excess  shall  be  refunded  within  three  months
from  the  date  of  issuing  the  final  bill,  alongwith  interest  from  the  date  of
final  bill,  or  after  obtaining  the  consent  of  the  assessee,  shall  be  adjusted
towards  payment  of  property  taxes  due,  if  any,  for  the  subsequent  years ;
and if the amount of tax on final assessment is more than the amount of tax
already  paid  by  the  assessee,  the  difference  shall  be  recovered  from  the
assessee.

(2) The  provisions  of  this  section  shall  cease  to  operate  after  expiry  of
the  official  year  in  which  the  Corporation  has  decided  to  levy  property  tax
on the basis of capital value of buildings and lands ].

2[129A.] 3[(1)] Notwithstanding anything contained in section 129 or any

other  provisions  of  this  Act,  whenever,—

(a) a  new  4[larger  urban  area  is  specified]  under  sub-section  (2)  of

section 3 comprising wholly or partly, of an area of a Zilla Parishad ; or

(b) the  limits  of  a  5[larger  urban  area]  are  altered  under  sub-section
(3) of section 3 so as to include any area of a Zilla Parishad, then the general
tax  shall  be  levied  on  buildings  and  lands  in  the  former  Zilla  Parishad
area during the periods specified in column (1) of the Table hereto appended
at  the  amounts  specified  against  them  in  column  (2)  thereof,  and  such

Temporary
provision for
levying
general tax
at reduced
rate in area
of Zilla
Parishad
included in a
5[larger
urban area.]

1 Section 129-2A was inserted by Mah. 11 of 2011, s. 9.
2 This section was inserted by Mah. 29 of 1982, s. 7.
3 Section 129A was re-numbered as section (1) thereof by Mah. 12 of 1993, s. 17.
4 These words were substituted for the words “City is constituted” by Mah. 41 of 1994, s. 73(a).
5 These words were substituted for the word “City”, by Mah. 41 of 1994, s. 73(b).

H  610—18a

118

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

amounts  shall  not  be  liable  to  be  increased  under  section  150  during  the
said  periods  :—

TABLE

Bom. III
of 1959.
Mah. V
of 1962.

Period
(1)

1. Period  from  the  date  of  inclusion
of  the  area  in  the  City  upto  and
inclusive of the 31st March 1[of the
second year] following the year in
which  the  area  is  included  in  the
2[larger  urban  area].

2. Period  of  one  year  following  the
period  referred  to  in  entry  1.

3. Period  of  one  year  following  the
period  referred  to  in  entry  2.

4. Period  of  one  year  following  the
period  referred  to  in  entry  3.

7[5.  Period  of  one  year  following  the
period  referred  to  in  entry  4.

6. Any period after the expiry of the
period  referred  to  in  entry  5.

Amount  of  General  Tax
(2)

3[The  amount  calculated  at  the  rate
of tax on lands and buildings payable
in  the  area  immediately  before  its
inclusion  in  the  City,  under  clause
(i) of sub-section (1) of section 124 of
the Bombay Village Panchayats Act,
1958  or  clause  (e)  of  sub-section  (1)
of  section  157  of  the  Maharashtra
Zilla  Parishads  and  Panchayat
Samitis  Act,  1961,  as  the  case  may
be (hereinafter in this Table referred
to  as  “the  amount  of  tax  payable  in
the  Zilla  Parishad  area”)].

4[20  per  cent.]  of  the  amount  of
general  tax  payable  in  the  2[larger
urban  area]  or  the  amount  of  tax
payable  in  Zilla  Parishad  area,
whichever  is  more.

5[40  per  cent.]  of  the  amount  of
general  tax  payable  in  the  2[larger
urban  area]  or  the  amount  of  tax
payable  in  the  Zilla  Parishad  area,
whichever  is  more.

6[60  per  cent.]  of  the  amount  of  the
general  tax  payable  in  the  2[larger
urban  area]  or  the  amount  of  tax
payable  in  the  Zilla  Parishad  area,
whichever  is  more.

80 per cent. of the amount of general
tax  payable  in  the  2[larger  urban
area]  or  the  amount  of  tax  payable
in  the  Zilla  Parishad  area,
whichever  is  more.

The same amount of general tax as in
force  and  payable  in  the  remaining
area of the  2[larger urban area].]

8[(2) The Corporation shall spend an amount worked out at the rate of not
less than one-third of the per capita expenditure incurred in the Corporation
area  for  the  year  immediately  the  year  of  inclusion  of  the  Zilla  Parishad
area or any such higher amount as may be feasible on development works in
the  newly  included  area  for  the  periods  mentioned  in  entries  1  to  5  in  the
Table  in  sub-section  (1).]

1 These words were substituted for the words “of the year” by Mah. 12 of 1993, s. 17(1)(a)(i).
2 These words were substituted for the word “City” by Mah. 41 of 1994, s. 73(b).
3 This paragraph was substituted by Mah. 12 of 1993, s. 17(1)(a)(ii).
4 These figures and words were substituted for the figures and word, “40 per cent.” by Mah. 12

of 1993, s. 17(1)(b).

5 These figures and words were substituted for the figures and words “ 60 per cent.” by Mah. 12

of 1993, s. 17(1)(c).

6 These figures and words were substituted for the figures and words “ 80 per cent.” by Mah. 12

of 1993, s. 17(1)(d).

7 These entries were substituted for entry 5, by Mah. 12 of 1993, s. 17(1)(e).
8 Sub-section (2) was added, by Mah. 12 of 1993, s. 17(2).

119

Water tax 2[or
water benefit
tax] on what
premises
levied.

Conservancy
4[tax or
sewerage tax]
tax on what
premises  to
be levied.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

130.   (1) Subject to the provisions of section 134, the water tax shall be

levied  only  in  respect  of  premises—

(a)  to  which  private  water  supply  is  furnished  from  or  which  are
connected  by  means  of  communication  pipes  with  any  municipal  water
works ;  or

(b)  which  are  situated  in  a  portion  of  the  City  in  which  the
Commissioner  has  given  public  notice  that  the  Corporation  has  arranged
to  supply  water  from  municipal  water  works  by  means  of  private  water
connections  or  of  public  standposts,  fountains  or  by  any  other  means.

1[(2)  The  water  benefit  tax  shall  be  levied  in  respect  of  all  premises

situated  in  the  City.]

131. (1)  The  conservancy  tax  3[or  sewerage  tax]  shall  be  levied  only  in

respect  of  premises—

(a) situated in any portion of the City in which public notice has been
given by the Commissioner that the collection, removal and disposal of all
excrementious  and  polluted  matter  from  privies,  urinals  and  cess-pools,
will  be  undertaken  by  municipal  agency ;  or

(b) in which, wherever situate, there is a privy, water-closet, cesspool,
urinal, bathing place or cooking place connected by a drain with a municipal
drain :

Provided that the said tax shall not be levied in respect of any premises
situated in any portion of the City specified in clause (a), in or upon which,
in the opinion of the Commissioner, no such matter as aforesaid accumulates
or  is  deposited.

(2)  Premises  in  respect  of  which  the  Commissioner  has  directed  that  a
separate  water-closet,  privy  or  urinal  need  not  be  provided  shall  be  deemed
to  be  liable  to  the  levy  of  conservancy  tax  if,  but  for  such  direction,  the  tax
would  be  leviable  in  respect  thereof.

5[(3) The  sewerage  benefit  tax  shall  be  levied  in  respect  of  all  premises

situated  in  the  City.]

132.

(1)  The  general  tax  shall  be  levied  in  respect  of  all  buildings

and lands in the City except—

(a) buildings  and  lands  solely  used  for  purposes  connected  with  the

General tax
on what
premises  to
be levied.

disposal  of  the  dead ;

(b) buildings  and  lands  or  portions  thereof  solely  occupied  and  used

for  public  worship  or  for  a  public  charitable  purpose ;

(c) buildings  and  lands  vesting  in  the  6[Government]  used  solely  for
public purposes and not used or intended to be used for purposes of trade
or profit or vesting in the Corporation, in respect of which the said tax, if
levied,  would  under  the  provisions  hereinafter  contained  be  primarily
leviable  from  the  6[Government]  or  the  Corporation,  respectively.

(2) The  following  buildings  and  lands  or  portions  thereof  shall  not  be
deemed  to  be  solely  occupied  and  used  for  public  worship  or  for  a  public

1 Sub-section (2) was added by Mah. 28 of 1990, s. 13(b).
2 These words were inserted, by Mah. 28 of 1990, 14(a).
3 These words were inserted, by Mah. 28 of 1990, 14(a).
4 These words were inserted, by Mah. 28 of 1990, 14(b).
5 Sub-section (3) was added, by Mah. 28 of 1990, s. 14(c).
6 This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

charitable  purpose  within  the  meaning  of  clause  (b)  of  sub-section  (1),
namely :—

(a) buildings or lands or portions thereof in which any trade or business

is carried on ; and

(b)  buildings  or  lands  or  portions  thereof  in  respect  of  which  rent  is
derived  whether  such  rent  is  or  is  not  applied  solely  to  religious  or
charitable  purposes.

(3) Where  any  portion  of  any  building  or  land  is  exempt  from  the
general  tax  by  reason  of  its  being  solely  occupied  and  used  for  public
worship  or  for  a  public  charitable  purpose  such  portion  shall  be  deemed
to  be  a  separate  property  for  the  purpose  of  municipal  taxation.

Payments to
be made to
Corporation
in lieu of
general tax by
2[State]
Government.

133.

(1) The 2[State] Government shall pay to the Corporation annually
in two half-yearly installments payable by the 30th day of September and the
31st day of March in every year in lieu of the general tax from which buildings
and  lands  vesting  in  the  3[State  Government]  are  exempted  by  clause  (c)  of
sub-section  (1)  of  section  132,  a  sum  ascertained  in  the  manner  provided  in
sub-section (2) 4[, (2A)] and (3).

(2) The rateable value of the buildings and lands in the City vesting in
the  1[Government] and beneficially occupied, in respect of which, but for the
said exemption, general tax would be leviable from the  2[State]  Government
shall  be  fixed  by  a  person  from  time  to  time  appointed  in  this  behalf  by  the
2[State] Government with the concurrence of the Corporation. The said value
shall  be  fixed  by  the  said  person,  with  a  general  regard  to  the  provisions
contained  in  this  Act  and  the  rules  concerning  the  valuation  of  property
assessable to property taxes, at such amount as he shall deem to be fair and
reasonable.  The  decision  of  the  person  so  appointed  shall  hold  good  for  a
term of five years, subject only to proportionate variation, if in the meantime
the  number  or  extent  of  the  buildings  and  lands  5[in  the  City  vesting  in  the
State  Government]  materially  increases  or  decreases.

6[(2A) Where  the  Corporation  has  adopted  the  levy  of  property  tax  on
capital value of buildings and lands, the capital value of buildings and lands
in  the  City  vesting  in  Government  and  beneficially  occupied,  in  respect  of
which  but  for  the  said  exemption,  general  tax  would  be  leviable  from  the
State  Government,  shall  be  the  book  value  of  such  buildings  or  lands  in
Government records and such capital value shall hold good for a term of five
years, subject only to proportionate variation, if in the meantime the number
or  extent  of  the  buildings  and  lands  vesting  in  Government  in  the  city
materially  increases  or  decreases.]

1 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
2 This word was substituted for the word “Provincial”, by the Adaptation of Laws Order, 1950.
3 These words were substituted for the words “the Crown for the purpose of the Province”, ibid.
4 These brackets, figure and letter were inserted by Mah. 10 of 2010, s. 5(1).
5 This portion was substituted for the portion “vesting in the Crown in the City for the purposes

of the Province”, by Adaptation of Laws Order, 1950.
6 Sub-section (2A) was inserted by Mah. 10 of 2010, s. 5(2).

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

121

(3) The  sum  to  be  paid  annually  to  the  Corporation  by  the  1[State]

Government shall be eight-tenths of the amount which would be payable by

an ordinary owner of buildings or lands in the City, on account of the general

tax, on a rateable value 2[or on capital value, as the case may be,] of the same

amount  as  that  fixed  under  sub-section  (2)  3[or  sub-section  (2A),  as  the  case

may be.]

4[133A.  Notwithstanding  anything  contained  in  this  Chapter,  the

Corporation  may,  for  such  period  and  subject  to  such  conditions  as  may  be

specified by it, remit the whole or any part of all or any of the property taxes

payable  in  respect  of  any  buildings,  if  the  said  taxes  are  primarily  leviable

from  the  actual  occupier  thereof,  the  Government,  the  Corporation  or  the

Maharashtra  Housing  Board,  and  the  building  is  occupied  or  intended  to  be

occupied  by  persons  affected  by  the  devastation  caused  on  the  12th  day  of

July  1961,  by  the  breaching  of  the  Panshet  and  Khadakwasla  dams  or  any

serious  flood,  fire,  house  collapse  or  other  natural  calamity  or  any  slum

clearance  scheme  undertaken  by  the  Government,  Corporation  or

Power to
remit
property taxes
in case of
buildings
occupied by
persons
affected by
natural
calamities,
etc.

Maharashtra  Housing  Board.]

Fixed charges
and
agreements
for payments
in lieu of
taxes for
water
supplied.

Special  provisions  relating  to  water  and  conservancy  taxes.

134.

(1)  The  Commissioner  may—

(a) in such cases as the Standing Committee shall generally approve,

instead  of  levying  the  water  tax  in  respect  of  any  premises  liable  thereto,

charge  for  the  water  supplied  to  such  premises  by  measurement  at  such

rate as shall from time to time be prescribed by the said Committee in this

behalf or by the size of the water connection with the municipal main and

the  purpose  for  which  the  water  is  supplied  at  such  rates  as  shall  from

time  to  time  be  prescribed  by  the  Corporation ;

(b) in  such  cases  as  the  Standing  Committee  shall  generally  approve,

compound  with  any  person  for  the  supply  of  water  to  any  premises  for  a

renewable  term  of  one  or  more  years  not  exceeding  five,  on  payment  of  a

fixed periodical sum in lieu of the water tax or charge by measurement or

by the size of the water connection which would otherwise be leviable from

such  person  in  respect  of  the  said  premises.

(2) The  Standing  Committee  may,  for  the  cases  in  which  the

Commissioner  charges  for  water  by  measurement  or  by  the  size  of  the

water  connection  under  clause  (a)  of  sub-section  (1),  from  time  to  time

prescribe  such  conditions  as  it  shall  think  fit  as  to  the  use  of  the  water

and  as  to  the  charge  to  be  paid  for  water  consumed  whilst  a  meter  is  out

of  order  or  under  repair;  and  for  the  cases  in  which  a  composition  is

1 This word was substituted for the word “Provincial” by the Adaptation of Laws  Order, 1950.
2 These words were inserted by Mah. 10 of 2010, s. 5(3)(a).
3 These words, brackets, figure and letter were added, by Mah. 10 of 2010, s. 5(3)(b).
4 Section 133A was inserted by Mah. 28 of 1966, s. 2.

122

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

made  under  clause  (b)  of  the  said  sub-section  the  said  Committee  may
prescribe such conditions as to the use of the water as it shall think fit :

Provided  that,  no  condition  prescribed  under  this  sub-section  shall  be

inconsistent  with  this  Act  or  rules  or  bye-laws.

(3) A person who is charged for water by measurement or by the size of
the  water  connection  or  who  has  compounded  for  a  fixed  periodical
sum  shall  not  be  liable  for  payment  of  the  water  tax,  but  any  sum  payable
by  him  on  account  of  water  shall,  if  not  paid  when  it  becomes  due,  be
recoverable by the Commissioner as if it were an arrear of water tax.

135.

If,  in  respect  of  premises  used  solely  for  public  purposes  and  not
used or intended to be used for purposes of profit or for residential, charitable
or  religious  purposes,  water  tax  would  be  leviable  under  this  Act  from  the
1[Government],  the  Commissioner,  in  lieu  of  levying  such  tax,  shall  charge
for  the  water  supplied  to  such  premises,  by  measurements,  at  such  rate  as
shall  be  prescribed  by  the  Standing  Committee  in  this  behalf  not  exceeding
the minimum rate at the time being charged under clause (a) of sub-section
(1) of section 134 to any other person ; and such charges shall be recoverable
as  provided  in  sub-section  (3)  of  the  said  section.

1[Govern-
ment] to be
charged for
water by
measure-
ment.

Supply of
water at
public
drinking
fountains, etc.,
not to be
taxed.

136. No tax or charge of any kind shall be levied or demanded for the
use of water in or from any drinking fountain, tank, reservior, cistern, pump,
well,  duct,  stand-pipe  or  other  work  used  for  the  gratuitous  supply  of  water
to the inhabitants of the City and vesting in the Corporation :

Provided that, the water in or from any such work shall be used only for

personal  or  domestic  purposes  and  not  for  the  purpose  of  business  or  sale.

Conservancy
tax 2[or
sewerage tax
and sewerage
benefit tax]
may be fixed
at special rate
in certain
cases.

137.

(1) The  Commissioner  may,  whenever  he  thinks  fit,  fix  the
conservancy  tax  or  2[sewerage  tax  and  sewerage  benefit  tax]  to  be  paid  in
respect of any hotel, club, stable or other large premises at such special rate
as  shall  be  generally  approved  by  the  Standing  Committee  in  this  behalf,
whether the service in respect of which such tax is leviable be performed by
human labour or by substituted means or appliances.

(2) In the case of premises used solely for public purposes and not used
or  intended  to  be  used  for  purposes  of  profit  or  for  residential  or  charitable
or  religious  purposes  in  respect  of  which  the  conservancy  tax  2[or  sewerage
tax  and  sewerage  benefit  tax]  is  payable  by  the  1[Government]  the
Commissioner shall fix the said tax at a special rate approved as aforesaid.

(3) In  any  such  case  the  amount  of  the  conservancy  tax  2[or  sewerage
tax  and  sewerage  benefit  tax]  shall  be  fixed  with  reference  to  the  cost  or
probable  cost  of  the  collection,  removal  and  disposal,  by  the  agency  of

municipal  conservancy  staff,  of  excrementitious  and  polluted  matter  from

the  premises.

1 This  word  was  substituted  for  the  word  “Crown”  by  the  Adaptation  of  Laws

Order, 1950.

2 These words were inserted by Mah. 28 of 1990, s. 15.

123

3[Water tax,
water benefit
tax,
conservancy
tax, or
sewerage tax,
or sewerage
benefit tax]
paid by any
person may be
recovered by
him from the
occupier of the
premises for
which it is
paid.

Primary
responsibility
for property
taxes on
whom to rest.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

138.

(1) Any  person  who  has  paid  to  the  Commissioner  any  1[water
tax, water benefit tax, conservancy tax or sewerage tax, or sewerage benefit
tax]  in  respect  of  any  permises  shall,  if  he  was  not  himself  in  occupation  of
the  said  premises  during  the  period  for  which  he  has  made  such  payment
2*
*    be  entitled  to  receive  the  amount  of  the  said  payment  from  the
person,  if  any,  in  actual  occupation  of  the  said  premises  for  the  said  period.

*

(2) For  the  recovery  of  the  said  amount  from  the  person  aforesaid,  the
person who has paid the same shall have the same rights and remedies as if
such amount were rent payable to him by the person from whom he is entitled
to  receive  the  same.

4[(3) If,  under  the  terms  of  the  tenancy,  the  rent  charged  for  any  such
premises is inclusive of  5[water tax, water benefit tax] or water charges and
subsequently  water  is  supplied  thereto  through  a  common  meter  and  if  any
5[water tax, water benefit tax] or water charges are paid by the owner or any
person acting on his behalf, such owner shall be entitled to recover from the
occupier  of  the  premises  only  the  difference  between  the  5[water  tax,  water
benefit tax] or water charges previously payable by him and the  5[water tax,
water  benefit  tax]  or  water  charges  payable  in  respect  of  such  premises  on
pro rata basis in proportion to the amount for which each of such premises is
let.

Liability  for  Property  Taxes.

139.

(1) Subject  to  the  provisions  of  sub-section  (2),  property  taxes
assessed upon any premises shall be primarily leviable as follows, namely :—

(a) if  the  premises  are  held  immediately  from  the  6[Government]  or

from  the  Corporation,  from  the  actual  occupier  thereof :

Provided  that,  property  taxes  due  in  respect  of  buildings  vesting  in
the  6[Government] and occupied by servants of the  6[Government] or other
persons  on  payment  of  rent  shall  be  leviable  primarily  from  the
6[Government] ;

7[(a-1) if the premises are held or occupied by a person, who is not the
owner  and  the  whereabouts  of  the  owner  of  the  premises  cannot  be
ascertained,  from  the  holder  or  occupier ;  and

(a-2) if  the  premises  are  held  or  developed  by  a  developer  or  an
attorney  or  any  person  in  whatever  capacity  such  person  may  be  holding
the  premises  and  in  each  of  whom  the  right  to  sell  the  same  exists  or  is

1 These words were substituted for the words “water tax or conservancy tax” by Mah. 28 of

1990, 16(a).

2 The words “and subject to any agreement or contract to the contrary” were deleted by Mah. 42

of 1976, s. 19(a).

3 These words were substituted for the words “water tax or conservancy tax” by Mah. 28 of

1990, 16(c).

4 Sub-section (3) was added by Mah. 42 of 1976, s. 19(b).
5 These  words  were  substituted  for  the  words  “water  tax”  by  Mah.  28  of  1990,

s. 16(b).

6 This  word  was  substituted  for  the  word  “Crown”  by  the  Adaptation  of  Laws

Order, 1950.

7 Clauses (a-1) and (a-2) were inserted by Mah. 10 of 2010, s. 6.

H  610—19

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When
occupiers  may
be  held  liable
for  payment
of property
taxes.

acquired, from such holder, developer, attorney or person, as the case may
be :

Provided  that,  such  holder,  developer,  attorney  or  person  shall  be

liable  until  the  actual  sale  is  effected ;]

(b) if  the  premises  are  not  so  held,—

(i) from  the  lessor  if  the  premises  are  let ;

(ii) from  the  superior  lessor  if  the  premises  are  sub-let ;

(iii) from the person in whom the right to let the premises vests if

they  are  unlet.

(2) If any land has been let for any term exceeding one year to a tenant,
and  such  tenant  has  built  upon  the  land,  the  property  taxes  assessed  upon
the said land and upon the building erected thereon shall be primarily leviable
from the said tenant or any person deriving title from the said tenant by the
operation  of  law  or  by  assignment  or  transfer  but  not  by  sub-lease  or  the
legal representative of the said tenant or person whether the premises be in
the occupation of the said tenant or person or legal representative or a sub-
tenant.

140.

(1) If the sum due on account of any property tax remains unpaid
after a bill for the same has been duly served under the rules upon the person
primarlily  liable  for  the  payment  thereof  and  the  said  person  be  not  the
occupier for the time being of the premises in respect of which the tax is due,
the  Commissioner  may  serve  a  bill  for  the  amount  upon  the  occupier  of  the
said premises, or, if there are two or more occupiers thereof, may serve a bill
upon  each  of  them  for  such  portion  of  the  sum  due  as  bears  to  the  whole
amount due the same ratio which the rent paid by such occupier bears to the
aggregate  amount  of  rent  paid  by  them  both  or  all  in  respect  of  the  said
premises.

1[(1A) Notwithstanding  anything  contained  in  sub-section  (1),  on  and
from  the  date  of  adoption  of  capital  value  as  the  base  for  levy  of  property
taxes under sub-section (2) of section 129, but subject to the other provisions
of this Act, the Commissioner may serve a bill for the amount of property tax
on  such  occupier  of  the  said  premises,  or,  if  there  are  two  or  more  such
occupiers  thereof,  may  serve  a  bill  on  each  of  them  for  such  portion  of  the
sum due as bears to the whole amount of tax based on the capital value, due
in the same ratio which the capital value, of such portion of the premises of
the occupier or occupiers bears to the aggregate amount of the tax based on
the  capital  value,  in  respect  of  the  said  premises.]

(2) If  the  occupier  or  any  of  the  occupiers  fails  within  thirty  days  from
the service of any such bill to pay the amount therein claimed, the said amount
may  be  recovered  from  him  in  accordance  with  the  rules.

(3) No  arrear  of  a  property-tax  shall  be  recovered  from  any  occupier
under  this  section  2*
*  which  is  due  on  account  of  any  period  for
which the occupier was not in occupation of the premises on which the tax is
assessed.

*

*

1 Sub-section (1A) was inserted by Mah. 10 of 2010, s. 7(1).
2 The words “which has remained due for more than one year, or ” were deleted by Mah. 10 of

2010, s. 7 (2).

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125

Rebate in
property tax
for advance
payment.

Rebate or
remission in
property tax
for
implementing
ecologically
beneficial
scheme.

Property
taxes to be a
first charge on
premises on
which they are
assessed.

(4) If  any  sum  is  paid  by,  or  recovered  from,  an  occupier  under  this
section,  he  shall  be  entitled  to  credit  therefor  in  account  with  the  person
primarily liable for the payment of the same.

1[140A. Notwithstanding  anything  contained  in  this  Act,  the
Corporation may, by general or special order give such rebate in the payment
of  property  tax,  as  the  Corporation  may,  from  time  to  time  decide,  to  any
person, primarily liable for payment of the property tax, who pays such tax,
before the date specified in the Bill for the purpose or, pays such tax for the
entire  year  in  advance,  and  different  rates  of  rebate  may  be  specified  for
different  classes  of  user  of  the  property.

140B. Notwithstanding  anything  contained  in  this  Act,  a  rebate  or
remission in payment of property tax, in respect of a land and building wherein
any  ecologically  beneficial  scheme  as  may  be  identified  for  the  purposes  of
this  section,  by  the  State  Government  or  the  Corporation  is  being
implemented, shall be given at such rate as the Corporation may, by general
or special order determine and different rates of rebate or remission may be
specified having regard to the nature and extent of the measures adopted for
implemention  of  ecologically  beneficial  scheme.

Explanation.—For  the  purposes  of  this  section  “ecologically  beneficial
scheme”  includes  rain  water  harvesting  system,  vermi  composting,  use  of
solar energy and other non-conventional sources of energy, recycling and re-
use  of  waste  water,  or  any  scheme  for  promoting  environment  friendly  and
ecologically  beneficial  building  construction  or  the  like,  as  the  Corporation
or  the  State  Government  may  identify.]

141.

(1) Property-taxes  due  under  this  Act  in  respect  of  any  building
or land shall, subject to the prior payment of the land revenue, if any, due to
the  provincial  Government  thereupon,  be  a  first  charge,  in  the  case  of  any
building or land held immediately from the 2[Government], upon the interest
in  such  building  or  land  of  the  person  liable  for  such  taxes  and  upon  the
moveable  property,  if  any,  found  within  or  upon  such  building  or  land  and
belonging to such person ; and, in the case of any other building or land, upon
the said building or land and upon the moveable property, if any, found within
or  upon  such  building  or  land  and  belonging  to  the  person  liable  for  such
taxes.

Explanation.—The term “property-taxes” in this section shall be deemed
to include charges payable under section 134 for water suplied to any premises
and  the  costs  of  recovery  of  property-taxes  as  specified  in  the  rules.

(2) In  any  decree  passed  in  a  suit  for  the  enforcement  of  the
charge  created  by  sub-section  (1),  the  court  may  order  the  payment
to  the  Corporation  of  interest  on  the  sum  found  to  be  due  at  such
rate  as  the  Court  deems  reasonable  from  the  date  of  the  institution  of  the
suit  until  realisation,  and  such  interest  and  the  cost  of  enforcing  the  said
charge,  including  the  costs  of  the  suit  and  the  cost  of  bringing  premises  or
movable  property  in  question  to  sale  under  the  decree,  shall,  subject  as
aforesaid, be a fresh charge on such premises and movable property alongwith
the amount found to be due, and the Court may direct payment thereof to be
made  to  the  Corporation  out  of  the  sale  proceeds.

1 Sections 140A and 140B were inserted by Mah. 7 of 2009, s. 7.
2 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.

H  610—19a

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Tax  on  Vehicle,  Boats  and  Animals.

Tax on
vehicles,
boats  and
animals.

142.

(1) Except  as  hereinafter  provided,  a  tax  at  rates  not  exceeding
those prescribed by order in writing by the 1[State] Government in this behalf
from  time  to  time  shall  be  levied  on  vehicles,  boats  and  animals  of  the
descriptions  specified  in  the  order,  when  kept  for  use  in  the  City  for  the
conveyance  of  passengers  or  goods,  in  the  case  of  vehicles  and  boats  and  for
riding, racing, draught or burden in the case of animals :

2[Provided that no tax shall be levied on motor vehicles save as provided

in section 20 of the *Bombay Motor Vehicles Tax Act, 1958.]

Bom.
LXV of
1958.

Explanation.—A  vehicle,  boat  or  animal  kept  outside  the  limits  of  the
City  but  regularly  within  such  limits  shall  be  deemed  to  be  kept  for  use  in
the  City.

(2) The  Corporation  shall  from  year  to  year,  in  accordance  with

section 99, determine the rates at which the tax shall be levied.

Exemptions
from the tax.

143.

(1) The  said  tax  shall  not  be  leviable  in  respect  of,—

(a) vehicles,  boats  and  animals  belonging  to  the  Corporation  other
than vehicles or animals used exclusively for the purposes of the Transport
Undertaking ;

(b) vehicles, boats and animals vesting in the 3[Government] and used
solely for public purposes and not used or intended to be used for purposes
of  profit  including  vehicles,  boats  and  animals  belonging  to  the  Defence
Forces ;

(c) vehicles  and  boats  intended  exclusively  for  the  conveyance  free  of

charge  of  the  injured,  sick  or  dead ;

(d) children’s  perambulators  and  tricycles ;

(e) vehicles  belonging  to  municipal  officers  or  servants  who  are
required  by  the  terms  of  their  appointment  to  maintain  a  conveyance  for
the  discharge  of  their  duties :

Provided that the exemption granted by this clause will not be available in
respect  of  more  than  one  vehicle  for  each  officer  or  in  respect  of  a  vehicle
which does not belong to the class of conveyance which the officer is required
to  maintain ;

(f) vehicles  or  boats  kept  by  bona  fide  dealers  in  vehicles  or  boats  for

sale  merely,  and  not  used :

Provided  that,  a  tax  at  such  rate  as  the  Corporation  shall  with  the
approval  of  the  1[State]  Government  fix  in  this  behalf  shall  be  levied  half
yearly in advance from every dealer in motor vehicles for every seven motor
vehicles  in  respect  of  which  a  Trade  Certificate  is  issued  to  him  under
rules  made  under  the  Motor  Vehicles  Act,  1939.

(2) If any question arises under clause (b) of sub-section (1) whether any
vehicle,  boat  or  animal  vesting  in  the  3[Government]  is  or  is  not  used  or
intended to be used for purposes of profit, such question shall be determined
by  the  1[State]  Government  whose  decision  shall  be  final.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 This proviso was inserted by Bom. 65 of 1958, s. 25, Third Schedule.
3 This  word  was  substituted  for  the  word  “Crown”  by  the  Adaptation  of  Laws

Order, 1950.

* The short title of this Act was amended as ‘‘ the Maharashtra Motor Vehicles Tax Act ’’ by

Mah. 24 of 2012, Sch.

IV of
1939.

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127

Livery-stable
keepers and
others may be
compounded
with.

Power to
inspect
stables  and
summon
persons  liable
to the tax.

144. The  Commissioner  may,  with  the  approval  of  the  Standing
Committee, compound with any livery-stable keeper or other person keeping
vehicles  or  horses  or  bullocks  for  hire  or  with  any  dealer  having  stables  in
which  horses  are  kept  for  sale  on  commission  or  otherwise,  for  the  payment
of  lump  sum  for  any  period  not  exceeding  one  year  at  a  time,  in  lieu  of  the
taxes  leviable  under  section  142  which  such  livery-stable  keeper  or  other
person  or  dealer  would  otherwise  be  liable  to  pay.

145.

(1) The  Commissioner  may  make  an  inspection  of  any  stable,
garage  or  coach-house  or  any  place  wherein  he  may  have  reason  to  believe
that there is any vehicle, boat or animal liable to a tax under this Act.

(2) The  Commissioner  may,  by  written  summons,  require  the  attendance
before  him  of  any  person  whom  he  has  reason  to  believe  to  be  liable  to  the
payment of a tax in respect of a vehicle, boat or animal, or of any servant of
any such person, and may examine such person or servant as to the number
and description of vehicles, boats and animals, owned by or in the possession
or under the control of such person ; and every person so summoned shall be
bound to attend before the Commissioner and to give true information to the
best of his knowledge or belief, as to the said matters.

1 *

*

*

147. Until the contrary is proved any goods imported into the City shall
be presumed to have been imported for the purposes of consumption, use or
sale  therein  unless  such  goods  are  conveyed  from  the  place  of  import  to  the
place of export by such routes, within such time, under such supervision and
on  payment  of  such  fees  therefor  as  shall  be  determined  by  the  standing
orders.

Articles
imported  for
immediate
exportation.

Exemptions  from  Theatre  Tax.

148. The  theatre  tax  shall  not  be  leviable  in  respect  of—

(a) any  entertainment  or  amusement  for  admission  to  which  no  charge

is made or only a nominal charge is made ;

(b) any  entertainment  or  amusement  which  is  not  open  to  the  general

Exemptions
from  theatre
tax.

public  on  payment ;

(c) any entertainment or amusement the full proceeds of which, without
the deduction of expenses, are intended to be utilised for a public charitable
purpose  ;

1 Section 146 alongwith the heading “Exemptions from Octroi” was deleted by Mah. 42 of 2017,

s. 38.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

1[(d) any  entertainment  exempted  by  the  Commissioner  of  Police,  the
District  Magistrate  or  the  State  Government  from  the  entertainment  duty
under the  *Bombay Entertainments Duty Act, 1923.]

Bom.  I
of  1923.

Explanation.—For  the  purposes  of  this  section  a  nominal  charge  shall  be

such charge as may be fixed by the rules.

2[Education  Cess.

Levy of
education
cess.

*

*

148A.

(1) For  the  purposes  of  clause  (15)  of  section  63,  the  Corporation
may  3*
*  levy  within  its  area  an  additional  tax  on
buildings  and  lands  (hereinafter  referred  to  as  “ the  education  cess ”),  of  so
many  per  centum,  not  exceeding  five,  of  the  rateable  value,  4[or  of  so  many
percentum of their capital value, as the case may be, as the Corporation may,
determine :]

*

Provided  that,—

(a) all  buildings  and  lands  vesting  in  the  Central  Government ;

(b) all other buildings and lands exempted from the general tax under

section  132 ;

(c) all  buildings  and  lands  of  a  reteable  value  5[or  a  capital  value,  as

the case may be,] below such sum as the Corporation may determine,

shall  be  exempted  from  the  lavy  of  education  cess.

(2) The  Corporation  may  require  the  Commissioner  to  recover  the
amount of the education cess determined under sub-section (1) by an addition
to  the  general  tax  levied  under  this  Act.  Every  addition  to  the  general  tax
imposed under this sub-section shall be recovered by the Commissioner from
each person liable therefor in the same manner as the general tax due from
him. The provisions of sections 139 and 140 shall apply to the education cess
as if it were a part of the general tax levied under this Act.

Payment to be
made to
Corporation
in lieu of
education cess
by State
Government.

148B.

(1) With effect from the first day of April 1993, and in respect of
the period during which the education cess is levied under section 148A, the
State  Government  shall  pay  to  the  Corporation  annually,  in  lieu  of  the
education  cess  from  which  buildings  and  lands  vesting  in  the  State
Government are exempted by virtue of clause (b) of the proviso to sub-section
(1) of section 148A (hereinafter, in this section, referred to as “the exempted
buildings and lands”), a sum ascertained in the manner provided in sub-section
(2).

1 Clause (d) was inserted by Mah. 27 of 1975, s. 4.

2 These headings and sections were inserted by Mah. 12 of 1993, s. 18.

3 The words “with the previous sanction of the State Government” were deleted by Mah. 20 of

1995, s. 5.

4 This portion was substituted for the portion beginning with the words “as the Corporation ”

and ending with the words “graduated scale :” by Mah. 10 of 2010, s. 8 (1).

5 These words were inserted by Mah. 10 of 2010, s. 8(2).

* Now the short title has been amended as the Maharashtra Entertainments Duty Act (I of
1923) by Mah. XXIV of 2012, s.2 and 3, Schedule, entry 15, with effect from the 1st May of
1960.

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129

(2) The  sum  to  be  paid  annually  to  the  Corporation  by  the  State
Government  shall  be  eight-tenths  of  the  amount  which  could  be,  or  would
have been, payable by an ordinary owner of buildings or lands in the City, on
account of the education cess, on the reteable value  1[or the capital value, as
the case may be,] of the same amount as that fixed under sub-section (2)  2[or
sub-section  (2A)]  of  section  133  in  respect  of  the  exempted  buildings  and
lands.

Street  Tax

148C.

(1) The  Corporation  may,  for  the  purposes  of  clause  (18)  of
section  63,  levy,  within  its  area,  an  additional  tax  on  buildings  and  lands
(hereinafter  referred  to  as  “the  street  tax”),  of  so  many  per  centum,  not
exceeding  ten  of  their  reteable  value  3[or  of  so  many  per  centum  of  their
capital value, as the case may be,] as the Corporation may, from time to time,
determine :

Levy of street
tax.

Provided  that,—

(a) all  buildings  and  lands  vesting  in  the  Central  Government,

(b) all other buildings and lands exempted from the general tax under

section  132,

(c) all  buildings and lands of a reteable value  4[or a capital value, as

the case may be,] below such sum as the Corporation may determine,

shall be exempted from the levy of street tax.

(2) The  Corporation  may  require  the  Commissioner  to  recover  the
amount  of  the  street  tax  determined  under  sub-section  (1)  by  an  addition  to
the  general  tax  levied  under  this  Act.  Every  addition  to  the  general  tax
imposed under this sub-section shall be recovered by the Commissioner from
each person liable therefor in the same manner as the general tax due from
him. The provisions of sections 139 and 140 shall apply to the street tax as if
it were a part of the general tax levied under this Act.]

Other  taxes.

149.

(1) In  the  event  of  the  Corporation  deciding  to  levy  any  of  the
taxes  specified  in  sub-section  (2)  of  section  127,  it  shall  make  detailed
provisions, in so far as such provision is not made by this Act, in the form of
rules, modifying, amplifying or adding to the rules at the time in force for the
following  matters,  namely :—

Procedure to
be followed in
levying other
taxes.

(a) the  nature  of  the  tax,  the  rates  thereof,  the  class  or  classes  of
persons, articles or properties liable thereto and the exemptions therefrom,
if any, to be granted ;

(b) the system of assessment and method of recovery and the powers
exercisable  by  the  Commissioner  or  other  officers  in  the  collection  of  the
tax ;

(c) the  information  required  to  be  given  of  liability  to  the  tax ;

(d) the  penalties  to  which  person  evading  liability  or  furnishing
incorrect  or  misleading  information  or  failing  to  furnish  information  may
be  subjected ;

1 These words were inserted Mah. 10 of 2010, s. 9(1).
2 These words, brackets, figure and letter were inserted Mah. 10 of 2010, s. 9(2).
3 These words were inserted Mah. 10 of 2010, s. 10(1).
4 These words were inserted by Mah. 10 of 2010, s. 10(2).

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(e) such  other  matters,  not  inconsistent  with  the  provisions  of  this

Act,  as  may  be  deemed  expedient  by  the  Corporation :

Provided that no rules shall be made by the Corporation in respect of any
tax coming under clause (f) of sub-section (2) of section 127 unless the 1[State]
Government  shall  have  first  given  provisional  approval  to  the  selection  of
the  tax  by  the  Corporation.

(2) The  rules  shall  be  submitted  by  the  Corporation  to  the  1[State]
Government and the 1[State] Government may either refuse to sanction them
or  refer  them  back  to  the  Corporation  for  further  consideration  or  sanction
them  either  as  they  stand  or  with  such  modifications  as  it  thinks  fit,  not,
however,  involving  an  increase  in  the  rate  or  rates  of  the  levy  or  the  extent
thereof.

(3) Any sanction given by the 1[State] Government under sub-section (2)
shall  become  operative  on  such  date  not  earlier  than  one  month  from  the
date of the sanction as the  1[State] Government shall specify in the order of
sanction,  and  the  Corporation  shall  be  competent  to  levy  the  tax  covered  by
the  sanction  as  from  the  date  so  specified.

(4) The  Corporation  and  the  1[State]  Government  shall  take  such  steps
as may be practicable to ensure that the date specified in the order of sanction
is the first day of April, unless the sanction is given in pursuance of a proposal
for  supplementary  taxation  under  section  150 :

Provided  that  nothing  in  sub-section  (4)  shall  affect  the  power  of  the
Corporation to levy a tax as from a date later than the first day of April if the
sanction  of  the  1[State]  Government    is  not  given  by  the  first  day  of  March
immediately preceding and if the 1[State] Government in the order of sanction
specifies a date later than the first day of April for the commencement of the
levy of the tax.

(5) The  provisions  of  this  section  shall  apply,  as  far  as  may  be,  to  any
alterations  which  the  Corporation  may  from  time  to  time  decide  to  make  in
the  rates  fixed  for  any  tax,  or  in  the  class  or  classes  of  persons,  articles,  or
properties liable thereto or in the exemptions therefrom, if any, to be granted.

2 *

*

*

Additional
Stamp duty
on certain
transfers of
immovable
properties in
municipal
areas.

3[149A.

4[(1) The stamp duty leviable under the Maharashtra Stamp Act,
on  instruments  of  sale,  gift  and  usufructuary  mortgage,  respectively,  of
immovable  property  shall,  in  the  case  of  any  such  instrument  relating  to
immovable  property  situated  in  the  City,  shall  be  increased  by  a  surcharge
at  the  rate  of  one  per  cent.,  in  the  case  of  sale  or  gift,  on  the  value  of  the
property so situated and in the case of an instrument of usufructuary mortgage
on  the  amout  secured  by  the  instrument  as  set  forth  in  the  instrument  and
shall  be  collected  accordingly  under  the  said  Act.

LX of
1958.

1 This word was substituted for the word “Provincial” by the Adaptation of  Laws Order, 1950.
2. Sub-section (6) was deleted by Mah. 42 of 2017, s. 39.
3. Section 149A was inserted by Mah. 27 of 2009, s. 6.
4. Sub-sections (1) and (2) were substituted w.e.f. 1-7-2017, by Mah. 7 of 2018, s. 2(i).
* Now,  the  short  title  has  been  amended  as  the  Maharashtra  Stamp  Act  (LX  of  1958)  by

Mah. 24 of 2012, s. 2 and 3, Schedule, entry 67, with effect from the 1st May of 1960.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

131

LX of
1958.

(2) For the purposes of this section, section 28 of the Maharashtra Stamp
Act,  shall  be  read  and  enforced  as  if  specifically  required  the  particulars
therein  referred  to  be  set  forth  separately  in  respect  of,–

(a) the  property  situated  in  the  City ;  and
(b) the  property  situated  in  any  other  area,] ;

(3) The  State  Government  shall,  every  year,  after  due  appropriation
made  by  law  in  this  behalf,  pay  to  the  Corporation  1[of  the  City],  a
grant-in-aid  approximately  equal  to  the  amount  of  additional  duty  realized
on account of the surcharge levied under this section in respect of immovable
properties  situated  within  the  jurisdiction  of  that  Corporation.

(4) The  sum  of  money  required  to  meet  the  expenditure  by  the  State
Government under sub-section (3), shall be charged on the Consolidated Fund
of the State.

(5) The  Government  may,  by  notification  in  the  Official  Gazette,  make
rules  to  carry  out  the  purposes  of  this  section.  2[For  the  purposes  of  this
section  the  State  Government  may  make  rules  retrospectively  with  effect
from the 1st July 2017.]

(6) All rules made under this section shall be subject to the condition of

previous  publication.

(7) Every rule made under this section, shall be laid as soon as may  be,
after  it  is  made,  before  each  House  of  the  State  Legislature  while  it  is  in
session for a total period of thirty days which may be comprised in one session
or in two successive sessions, and if, before the expiry of the session in which
it is so laid or the session immediately following, both Houses agree in making
any modification in the rule or both Houses agree that the rule should not be
made, and notify such decision in the Official Gazette, the rule shall from the
date of publication of such notification have effect only in such modified form
or be of no effect, as the case may be, so, however, that any such modification
or annulment shall be without prejudice to the validity of anything previously
done  or  omitted  to  be  done  under  that  rule.]

LX of
1958.

3[149B.

(1) Without  prejudice  to  the  provisions  of  section  149A,  the
stamp  duty  leviable  under  the  Maharashtra  Stamp  Act,  on  the  instruments
of  sale,  gift  and  usufructuary  mortgage,  respectively,  of  immovable  property
shall,  in  the  case  of  any  such  instrument  relating  to  immovable  property
situated  in  the  City  in  which  one  or  more  Vital  Important  Urban  Transport
Projects  (hereinafter  in  this  section  referred  to  as  ‘‘ City  having  notified
projects ’’)  and  executed  on  or  after  such  date  as  may  be  specified  by  the
State Government, by notification  in the Official Gazette, be increased by a
surcharge at the rate of one per cent., in case of instrument of sale or gift, on
the  value  of  the  property  so  situated  and  in  case  of  an  instrument  of
usufructuary mortgage, on the amount secured by the instrument as set forth
in  the  instrument    and  shall  be  collected  accordingly  under  the  said  Act.

Additional
Stamp duty
on certain
transfers of
immovable
properties in
City having
notified
projects.

1. These words were substituted w.e.f. 1-7-2017 for the words “each of the notifed city” by Mah.

7 of 2018, s. 2(ii).

2. These words were added w.e.f. 1-7-2017 by Mah. 7 of 2018, s. 2 (iii).
3. Section 149B was inserted by Mah. 34 of 2015, s.2.

H  610—20

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(2) For the purposes of this section, section 28 of the Maharashtra Stamp
Act  shall  be  read  and  enforced  as  if,  it  specifically  requires  the  particulars
therein  referred  to  be  set  forth  separately  in  respect  of,—

LX of
1958.

(a) the  property  situated  in  the  City  having  notified  projects ;  and

(b) the  property  situated  in  any  other  area.

(3) The  State  Government  shall,  every  year,  after  due  appropriation
made by law in this behalf, pay to the Corporation or the agency which has
undertaken  the  notified  project,  a  grant-in-aid  approximately  equal  to  the
amount  of  additional  duty  realized  on  account  of  surcharge  levied  and
collected  under  this  section  in  respect  of  the  immovable  properties  situated
in the City having notified projects and such grant-in-aid shall be utilised on
such  notified  projects  in  the  manner  specified  by  the  Government.

(4) The  sum  of  money  required  to  meet  the  expenditure  by
the  State  Government  under  sub-section  (3),  shall  be  charged  on  the
Consolidated  Fund  of  the  State.

(5) The  Government  may,  by  notification  in  the  Official  Gazette,  make

rules  to  carry  out  the  purposes  of  this  section.

(6) All  rules  made  under 
to  the  condition  of  previous  publication.

this  section  shall  be  subject

(7) Every rule made under this section shall be laid, as soon as may be,
after  it  is  made,  before  each  House  of  the  State  Legislature  while  it  is  in
session for a total period of thirty days which may be comprised in one session
or in two or more successive sessions, and if, before the expiry of the session
in  which  it  is  so  laid  or  the  session  or  sessions  immediately  following,  both
Houses  agree  in  making  any  modification  in  the  rule  or  both  Houses  agree
that  the  rule  should  not  be  made,  and  notify  such  decision  in  the  Official
Gazette,  the  rule  shall  from  the  date  of  publication  of  such  notification  have
effect  only  in  such  modified  form  or  be  of  no  effect,  as  the  case  may  be;  so,
however, that any such modification or annulment shall be without prejudice
to the validity of anything previously done or omitted to be done under that
rule.

Explanation.— For  the  purposes  of  this  section,  the  term  ‘‘ notified
project ’’  means  a  Vital  Important  Urban  Transport  Project  related
to Mass Rapid Transport System such as Metro Rail, Mono Rail, Bus Rapid
Transport  System  and  includes  Freeway,  Sea-link,  etc.,  in  respect  of  which
the  State  Government  has,  by  notification  in  the  Official  Gazette,  declared
its intention to undertake such project either by itself or through the planning
authority, a New Town Development Authority, and other statutory authority,
an  agency  owned  and  controlled  by  the  Central  Government  or  the  State
Government  or  a  Government  Company  incorporated  under  the  provisions
of  the  Companies  Act,  2013  or  any  other  law  relating  to  companies  for  the
time  being  in  force.’’]

18 of
2013.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

133

Supplementary  Taxation.

150. Whenever  the  Corporation  determines  under  section  104  to  have

recourse  to  supplementary  taxation  in  any  official  year,  it  shall  do  so  by

increasing, for the unexpired portion of the said year, the rates at which any

tax imposable under this Act is being levied, subject to the limit and conditions

for such tax prescribed in this Act or in the orders or sanction of the 1[State]

Government or by leving, with due sanction, a tax imposable under this Act

but not being levied at the time being.

2[150A. Notwithstanding  anything  to  the  contrary  contained  in  this

Act or the rules made thereunder, if for any reasons any person liable to pay

any  of  the  taxes  or  fees  leviable  under  this  Act  has  escaped  assessment  in

any year, the Commissioner may, at any time within six years from the date

on  which  such  person  should  have  been  assessed,  serve  on  such  person  a

notice  assessing  him  to  the  tax  or  fee  due  and  demanding  payment  thereon

within 15 days from the date of such service ; and the provisions of this Act

and the rules made thereunder shall, so far as may be, apply as if assessment

was made in the year to which the tax or fee relates.]

Refunds.

Any tax
imposable
under this Act
may be
increased or
newly
imposed by
way of
imposing
supplementary
Taxation.

Power to
assess  in
case of
escape from
assessment.

151. Refunds  of  municipal  tax  shall  be  claimable  in  the  manner  and

subject  to  the  conditions  prescribed  by  rules.

Writing  off  of  taxes.

152. The  Commissioner  may,  with  the  approval  of  the  Standing

Committee, from time to time, write off any sum due on account of any tax or

of the costs of recovering any tax, which shall in his opinion, be irrecoverable.

3[152-1A. Notwithstanding  anything  contained  in  section  152  or  any

other provisions of this Act, the Corporation may, grant such rebate, as may

be  approved  by  the  State  Government,  to  any  person  or  class  of  persons,

primarily liable for payment of property tax, who pays the amount of arrears

of the property tax, as per the schedule of payment fixed by the Corporation.]

Refunds of
taxes how
obtainable.

Writing off  of
irrecoverable
taxes.

Power of
Corporation
to grant
rebate for
payment of
arrears of tax.

4[CHAPTER    XIA.

5[CHAPTER    XIB.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 Section 150A was inserted by Mah. 11 of 2011, s. 10.
3 Section 152-1A was inserted by Mah. 7 of 2009, s. 8.
4 Deleted by Mah. 42 of 2017, s. 40.
5 Deleted by Mah. 42 of 2017, s. 41.

H  610—20a

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

CHAPTER  XII.

DRAINS AND DRAINAGE.

Municipal  Drains.

Drains to be
constructed
and kept in
repair by the
Commissioner.

153.

(1)  The  Commissioner  shall  maintain  and  keep  in  repair  all
municipal  drains  and  shall  with  the  approval  of  the  Corporation  construct
such new drains as shall from time to time be necessary for effectually draining
the  City.

(2) The Commssioner shall also, in the case of any street in which there
is  a  municipal  drain,  construct  at  the  charge  of  the  Municipal  Fund  such
portion  of  the  drain  of  any  premises  to  be  connected  with  such  municipal
drain  as  it  shall  be  necessary  to  lay  under  any  part  of  such  street  and  the
portion  of  any  connecting  drains  so  laid  under  the  street  shall  vest  in  the
Corporation and be maintained and kept in repair by the Commissioner as a
municipal  drain.

Adoption by
Corporation of
drains and
drainage or
sewage
disposal
works.

154.

(1)  The  Commissioner  may  at  any  time  with  the  approval  of  the
Corporation declare that any drain or part thereof or any drainage or sewage
disposal works situate within the City or serving the City or any part thereof
shall,  from  such  date  as  may  be  specified  in  the  declaration,  become  vested
in  the  Corporation  :

Provided  that,  when  the  Commissioner  proposes  to  make  a  declaration
under  this  sub-section,  he  shall  give  written  notice  of  the  proposal  to  the
owner or owners of the drain or works in question and shall take no further
action in the matter until either one month has elapsed without an objection
against  his  proposal  being  lodged  under  sub-section  (2)  or,  as  the  case  may
be,  until  any  objection  so  lodged  has  been  duly  considered.

(2) An owner aggrieved by the proposal of the Commissioner to make a
declaration  under  sub-section  (1)  may,  within  one  month  after  notice  of  the
proposal  is  served  upon  him,  appeal  to  the  1[State]  Government  or  to  such
officer of the  1[State] Government as the  1[State] Government may designate
by order in the Official Gazette in this behalf and shall, if he so appeals, give
written  intimation  of  the  fact  to  the  Commissioner.

(3) After  consideration  of  an  appeal  under  sub-section  (2),  and  after
making  such  inquiries  as  may  be  necessary,  the  1[State]  Government  or  the
said officer may with due regard to the provisions of sub-section (4) allow or
disallow  the  proposal  of  the  Commissioner  and  may,  if  it  or  he  think  fit,
specify  conditions,  including  conditions  as  to  the  payment  of  compensation
by  the  Commissioner,  subject  to  which  it  or  he  allows  the  proposal.

(4) The Commissioner in deciding whether a declaration should be made
under  sub-section  (1)  shall  have  regard  to  all  the  circumstances  of  the  case
and,  in  particular,  to  the  following  considerations  :  —

(a) whether  the  drain  or  works  in  question  is  or  are  adapted  to,  or
required for, any general system of drainage or drainage disposal or sewage
disposal  which  the  Commissioner  has  provided,  or  proposes  to  provide,
for the City or any part thereof ;

(b) whether  the  drain  is  constructed  under  a  street  or  under  land
reserved  by  or  under  the  provisions  of  this  Act  or  any  other  law  for  the
time being in force for a street ;

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

135

(c) the number of buildings which the drain is intended to serve, and
whether,  regard  being  had  to  the  proximity  of  other  buildings  or  the
prospect of future development, it is likely to be required to serve additional
buildings ;

(d) the  method  of  construction  and  state  of  repair  of  the  drain  or

works ;  and

(e) whether the making of the proposed declaratoin would be seriously

detrimental  to  the  owner  of  the  drain  or  works  in  question.

(5) Any person who immediately before the making of a declaration under
sub-section  (1)  was  entitled  to  use  the  drain  in  question  shall  be  entitled  to
use  it,  or  any  drain  substituted  therefor,  to  the  same  extent  as  if  the
declaration  had  not  been  made.

(6) When  the  Commissioner  is  about  to  take  into  consideration  the
question of making a declaration under sub-section (1) with respect to a drain
or drainage or sewage disposal works situate within the jurisdiction of some
local  authority  other  than  the  Corporation  or  situate  within  the  City  but
serving  an  area,  or  part  of  an  area,  within  the  jurisdiction  of  such  local
authority,  he  shall  give  notice  to  that  authority  and  no  declaration  shall  be
made by him until either that authority has consented thereto or the 1[State]
Government, on an application made to it, has dispensed with the necessity
of  such  consent,  either  unconditionally  or  subject  to  such  conditions  as  it
may think fit to impose.

(7) When  the  Commissioner  has  made  a  declaration  under  sub-section
(1)  with  respect  to  a  drain  or  drainage  disposal  or  sewage  disposal  works
situate  within  the  jurisdiction  of  some  local  authority  other  than  the
Corporation  he  shall  forthwith  give  notice  of  the  fact  to  such  authority.

(8) The  Commissioner  shall  not  make  a  declaration  under  sub-section
(1) with respect to any drain or part of a drain or any works if that drain or
part of a drain or those works is or are vested in some local authority other
than  the  Corporation  or  in  the  Central  Government  or  a  railway
administration,  except  on  the  request  of  the  authority,  Government  or
administration  concerned.

155.

(1)  The  Commissioner  may  carry  any  municipal  drain  through,
across or under any street, or any place laid out as or intended for a street or
under  any  cellar  or  vault  which  may  be  under  any  street,  and,  after  giving
reasonable notice in writing to the owner or occupier, into, through or under
any land whatsoever within City, or, for the purpose of outfall or distribution
of  sewage,  without  the  City.

(2) The  Commissioner  may  enter  upon,  and  construct  any  new  drain  in
the place of an existing drain in, any land wherein any municipal drain has
been  already  lawfully  constructed,  or  repair  or  alter  any  municipal  drain  so
constructed.
156.

The Commissioner may enlarge, alter the course of, lessen, arch
over  or  otherwise  improve  any  municipal  drain,  and  may  disountinue,  close
up  or  destroy  any  such  drain  which  has,  in  his  opinion,  become  useless  or
unnecessay  or  prohibit  the  use  of  any  such  drain  either  entirely  or  for  the
purpose  of  foul  water  drainage  or  for  the  purpose  of  surface  drainage  :

Provided that, if by reason of anything done under this section any person
is deprived of the lawful use of any drain, the Commissioner shall, as soon as

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

Powers for
making
drains.

Alteration
and
discontinuance
of drains.

136

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

may  be,  provide  for  his  use  some  other  drain  as  effectual  as  the  one  which
has  been  discontinued,  closed  up  or  destroyed  or  the  use  of  which  has  been
prohibited.

Cleansing
drains.

157.

(1)  The municipal drains shall be so constructed, maintained and
kept  as  to  create  the  least  practicable  nuisance  and  shall  be  from  time  to
time  properly  flushed,  cleansed  and  emptied.

(2)  For  the  purpose  of  flusing,  cleansing  and  emptying  the  said  drains,
the  Commissioner  may  construct  or  set  up  such  reserviors,  sluices,  engines
and other works, as he shall from time to time deem necessary.

Power to
connect drains
private street
with
municipal
drain.

Right of
owners and
occupiers of
buildings and
lands to drain
into
municipal
drain.

Drains  of  Private  Streets  and  Drainage  of  Premises.

158. The owner of a private street shall be entitled to connect the drain
of  such  street  with  a  municipal  drain  subject  to  the  conditions  laid  down  in
the  rules.

159.

(1) Subject to the provisions of this section, the owner or occupier
of any premises shall be entitled to cause his drain to empty into a municipal
drain  or  other  place  legally  set  apart  for  the  discharge  of  drainage  :

Provided  that,  nothing  in  this  sub-section  shall  entitle  any  person,—

(a) to  discharge  directly  or  indirectly  into  any  municipal  drain  any
trade  effluent  except  in  accordance  with  the  provisions  of  section  166  or
any liquid or other matter the discharge of which is prohibited by or under
this Act or any other law for the time being in force ;

(b) where  separate  municipal  drains  are  provided  for  foul  water  and

for  surface  water,  to  discharge  directly  or  indirectly,—

(i) foul  water  into  a  drain  provided  for  surface  water  ;  or

(ii) except  with  the  permission  of  the  Commissioner  surface  water

into  a  drain  provided  for  foul  water;  or

(c) to  have  his  drain  made  to  communicate  directly  with  a  storm-water

overflow  drain.

(2) Every  person  desirous  of  availing  himself  of  the  provisions  of
sub- section (1) shall obtain the written permission of the Commissioner and
shall  comply  with  such  conditions  as  the  Commissioner  may  prescribe  as  to
the  mode  in  which  and  the  superintendence  under  which  connections  with
municipal  drains  or  other  places  aforesaid  are  to  be  made.

(3) The Commissioner may, if he thinks fit, in lieu of giving permission
under  sub-section  (2)  to  any  person  to  have  his  drain  or  sewer  connected
with a municipal drain or other place as aforesaid himself connect after giving
notice  to  the  person  concerned  within  fourteen  days  of  the  receipt  of  his
application,  and  the  reasonable  expenses  of  any  work  so  done  shall  be  paid
by  the  person  aforesaid.

137

Powers of
Commissioner
to require
drain of
proposed
drain to be so
constructed as
to form part of
general
system.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

160.

(1)  Where  a  person  proposes  to  construct  a  drain,  the
Commissioner may, if he considers that the proposed drain is, or is likely to
be, needed to form part of a general drainage system which the Corporation
has  provided  or  proposes  to  provide,  require  him  to  construct  the  drain  in  a
manner  differing,  as  regards  material  or  size  of  pipes,  depth,  fall,  direction
or  outfall,  or  otherwise,  from  the  manner  in  which  he  proposes,  or  could
otherwise  be  required  by  the  Commissioner,  to  construct  it,  and  it  shall  be
his  duty  to  comply  with  the  requirements  of  the  Commissioner.

(2) No  person  who  under  this  section  has  been  required  by  the
Commissioner  to  construct  a  drain  in  a  particular  manner  shall  construct  it
or  cause  it  to  be  constructed  otherwise  than  in  accordance  with  the
requirements  of  the  Commissioner.

(3) The Commissioner shall repay from the Municipal Fund to the person
constructing a drain in accordance with a requirement under sub-section (1),
the  entire  expenses  reasonably  incurred  by  him  in  complying  with  such
requirement  and,  until  the  drain  becomes  a  municipal  drain,  he  shall  also
from  time  to  time  repay  to  him  from  the  Municipal  Fund  so  much  of  any
expenses  reasonably  incurred  by  him  in  repairing  or  maintaining  it  as  may
be  attributable  to  the  requirement  having  been  made  and  complied  with.

161. No person shall, without complying with the provisions of section
158 or 159, as the case may be, and the rules, make or cause to be made any
connection of a drain belonging to himself or to some other person with any
municipal drain or a other place legally set apart for the discharge of drainage;
and  the  Commissioner  may  close,  demolish,  alter  or  remake  any  such
connection  made  in  contravention  of  this  section,  and  the  expenses  incurred
by the Commissioner in so doing shall be paid by the owner of the street, or
the owner or occupier of the premises, for the benefit of which the connection
was  made,  or  by  the  person  offending.

Connections
with
municipal
drains not to
be made
except in
conformity
with section
158 or 159.

Right of
owners and
occupiers of
premises  to
carry drain
through land
belonging to
other persons.

162.

(1)  If it shall appear to the Commissioner that the only means or
the  most  convenient  means  by  which  the  owner  or  occupier  of  any  premises
can cause his drain to empty into a municipal drain or other place legally set
apart  for  the  discharge  of  drainge,  is  by  carrying  the  same  into,  through  or
under  any  land  belonging  to  some  person  other  than  the  said  owner  or
occupier, the Commissioner, after giving to the owner of the land a reasonable
opportunity  of  stating  any  objection,  may,  if  no  objection  is  raised,  or  if  any
objection  which  is  raised  appears  to  him  invalid  or  insufficient,  by  an  order
in  writing,  authorise  the  said  owner  or  occupier  to  carry  his  drain  into,
through or under the said land in such manner as he shall think fit to allow.

(2) Every  such  order,  bearing  the  signature  of  the  Commissioner,  shall
be  a  complete  authority  to  the  person  in  whose  favour  it  is  made,  or  to  any
agent  or  person  employed  by  him  for  this  purpose  after  giving  or  tendering
to the owner of the land reasonable written notice of his intention so to do, to
enter upon the said land with assistance and workmen, at any time between
sunrise  and  sunset  and  to  execute  the  necessary  work.

(3) Subject  to  all  other  provisions  of  this  Act,  the  owner  or  occupier  of
any premises, or any agent or person employed by him for this purpose, may,

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

after giving or tendering to the owner of any land, wherein a drain has been
already lawfully constructed for the drainage of his said premises, reasonable
written  notice  of  his  intention  so  to  do,  enter  upon  the  said  land  with
assistants  and  workmen,  at  any  time  between  sunrise  and  sunset  and
construct a new drain in the place of the existing drain or repair or alter any
drain  so  constructed.

(4) In executing any work under this section as little damage as may be
shall  be  done,  and  the  owner  or  occupier  of  the  premises  for  the  benefit  of
which  the  work  is  done  shall—

(a) cause  the  work  to  be  executed  with  the  least  practicable  delay;

(b) fill in, reinstate and make good, at his own cost and with the least
practicable  delay,  the  ground  or  portion  of  any  building  or  other
construction  opened,  broken  up  or  removed  for  the  purpose  of  executing
the  said  work ;

(c) pay  compensation  to  any  person  who  sustains  damage  by  the

execution  of  the  said  work.

(5) If  the  owner  of  any  land,  into,  through  or  under  which  a  drain  has
been  carried  under  this  section  whilst  such  land  was  unbuilt  upon,  shall
subsequently  at  any  time  desire  to  erect  a  building  on  such  land,  the
Commissioner  shall  by  written  notice  require  the  owner  or  occupier  of  the
premises for the benefit of which such drain was constructed to close, remove
or divert the same in such manner as shall be approved by the Commissioner,
and to fill in, reinstate and make good the land as if the drain had not been
carried into, through or under the same :

Provided  that  no  such  requisition  shall  be  made,  unless,  in  the  opinion
of  the  Commissioner,  it  is  necessary  or  expedient,  in  order  to  admit  of  the
construction of the proposed building or the safe enjoyment thereof, that the
drain  be  closed,  removed  or  diverted.

163. Every owner of land shall be bound to allow any person in whose
favour an order has been made under sub-section (1) of section 162 to carry a
drain into, through or under the land of such owner on such terms as may be
prescribed  in  such  order.

164. Where  any  premises  are,  in  the  opinion  of  the  Commissioner,
without sufficient means of effectual drainage and a municipal drain or some
place legally set apart for the discharge of drainage is situated at a distance
not  exceeding  one  hundred  feet  from  some  part  of  the  said  premises,  the
Commissiner  may,  by  written  notice,  require  the  owner  or  occupier  of  the
said  premises,—

(a) to make a drain of such material, size and description and laid at
such level and according to such alignment and with such fall and outlet as
may appear to the Commissioner necessary, emptying into such municipal
drain  or  place  aforesaid  at  such  point  as  the  Commissioner  may  consider
suitable  :

Provided  that,  where  any  premises  have  already  been  drained  under
municipal requirements and have to be redrained, no such requisition shall
be  made  without  the  previous  sanction  of  the  Standing  Committee ;

Owner of land
to allow
others to carry
drains
through the
land.

Commissioner
may enforce
drainage of
undrained
premises
situate within
hundred feet
of municipal
drain.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

139

(b) to provide and set up all such appliances and fittings as may appear
to the Commissioner necessary for the purposes of gathering and receiving
the  drainge  from,  and  conveying  the  same  off,  the  said  premises  and  of
effectually  flushing  such  drain  and  every  fixture  connected  therewith ;

(c) to  remove  any  existing  drain,  or  other  appliance  or  thing  used  or
intended to be used for drainage, which in the opinion of the Commissioner
is injurious to health ;

(d)  to  provide  a  closed  drain  in  substitution  of  an  open  drain  or  to
provide  such  other  appliance  or  thing  either  newly  or  in  substitution  of
any existing appliance or thing or to provide both a closed drain and such
other  appliance  or  thing  in  substitution  of  the  existing  open  drain  and
other  appliance  or  thing,  which  is,  or  which  is  likely  to  be,  injurious  to
health;

(e) to provide and set up all such appliances and fittings as may appear
to  the  Commissioner  to  be  necessary  for  the  purpose  of  gathering  and
receiving the waste water from floors and galleries of buildings when they
are  washed,  and  conveying  the  same  through  spouts,  by  down-take  pipes,
so  as  to  prevent  such  waste  water  from  discharging  directly  on  streets  or
inside  any  lower  portion  of  the  premises.

165.

(1)  Where  any  premises  are,  in  the  opinion  of  the  Commissioner,
without  sufficient  means  of  effectual  drainage,  but  no  municipal  drain  or
such  place  as  aforesaid  is  situated  at  a  distance  not  exceeding  one  hundred
feet from some part of the said premises, the Commissioner may, by written
notice,  require  the  owner  or  occupier  of  the  said  premises—

(a) to  construct  a  drain  upto  a  point  to  be  prescribed  in  such  notice,
to but not distant more than one hundred feet from some part of the said
premises;  or

(b) to construct a closed cesspool of such material, size and description
in  such  position  at  such  level,  and  with  allowance  for  such  fall  as  the
Commissioner  thinks  necessary  and  drain  or  drains  emptying  into  such
cesspool.

(2)  Any  requisition  for  the  construction  of  any  drain  under  sub-

section  (1)  may  comprise  any  detail  specified  in  section  164.

Commissioner
may enforce
drainage of
undrained
premises not
situate
within
hundred feet
of municipal
drain.

166.

Subject  to  the  provisions  of  this  Act,  rules  and  of  by-laws,  the
occupier  of  any  trade  premises  may,  with  the  consent  of  the  Commissioner,
or  so  far  as  may  be  permitted  by  any  such  rules  or  by-laws  without  such
consent,  discharge  into  the  municipal  drains  any  trade  effluent  proceeding
from  those  premises.

Special
provisions
relating to
trade
effluent.

167.

(1) Where the Commissioner is of opinion that any group or block
of  premises,  any  part  of  which  is  situated  within  one  hundred  feet  of  a
municipal drain, or other place legally set a part for the discharge of drainage,
already existing or about to be constructed, may be drained more economically
or  advantageously  in  combination  than  separately,  the  Commissioner  may
cause such group or block of premises to be drained by such method as appears
to  the  Commissioner  to  be  best  suited  therefor,  and  the  expenses  incurred

Power of
Commissioner
to drain
premises in
combination.

H  610—21

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

by the Commissioner in so doing shall be paid by the owners of such permises
in  such  proportions  as  the  Commissioner  think  fit.

(2) Not  less  than  fifteen  days  before  any  work  under  this  section  is
commenced  the  Commissioner  shall  give  written  notice  to  the  owners  of  all
the  premises  to  be  drained,  of—

(a)  the  nature  of  the  intended  work,

(b)  the  estimated  expenses  thereof,  and

(c)  the  proportion  of  such  expenses  payable  by  each  owner.

(3) The  owners,  for  the  time  being  of  the  several  premises  constituting
a  group  or  block  drained  under  sub-section  (1)  shall  be  the  joint  owners  of
every  drain  constructed,  erected  or  fixed,  or  continued  for  the  special  use
and benefit only of such premises, and shall in the proportions in which it is
determined that the owners of such premises are to contribute to the expenses
incurred  by  the  Commissioner  under  sub-section  (1),  be  responsible  for  the
expense of maintaining every such drain in good repair and efficient condition :

Provided  that  every  such  drain  shall  from  time  to  time  be  flushed,
cleansed  and  emptied  by  the  Commissioner  at  the  charge  of  the  Municipal
Fund.

Commissioner
may close or
limit the use
of existing
private
drains.

168.

(1) Where a drain connecting any premises with a municipal drain
or other place legally set apart for the discharge of drainage, though sufficient
for the effectual drainage of the said premises and otherwise unobjectionable
is  not,  in  the  opinion  of  the  Commissioner,  adapted  to  the  general  drainage
system of the City or of the part of the City in which such drain is situated,
the  Commissioner  may,—

(a)  subject  to  the  provision  of  sub-section  (2),  close,  discontinue,  or
destroy  the  said  drain  and  cause  any  work  necessary  for  that  purpose  to
be  done ;

(b)  direct  that  such  drain  shall,  from  such  date  as  he  may  specify  in
this  behalf,  be  used  for  sullage  and  sewage  only,  or  for  rainwater  only  or
for  unpolluted  sub-soil  water  only,  or  for  both  rainwater  and  unpolluted
sub-soil water only, and by written notice require the owner or occupier of
the premises to make an entirely distinct drain for rainwater or unpolluted
sub-soil water, or for both rainwater and unpolluted sub-soil water, or for
sullage  and  sewage.

(2)  No  drain  may  be  closed,  discontinued  or  destroyed  by  the
Commissioner  under  item  (a)  in  sub-section  (1)  except  on  condition  of  his
providing  another  drain  as  effectual  for  the  drainage  of  the  premises  and
communicating with any municipal drain or other place aforesaid which the
Commissioner thinks fit; and the expense of the construction of any drain so
provided  by  the  Commissioner  and  of  any  work  done  under  the  said  item
shall  be  paid  by  the  Commissioner.

(3)  Any  requisition  made  by  the  Commissioner  under  item  (b)  of
sub-section (1) may embrace any detail specified in item (a) or (b) in section
164.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

141

169. Subject  to  the  provisions  of  sub-section  (2)  of  section  153,  every

drain  which  has  been  constructed,  laid,  erected  or  set  up,  whether  at  the

expense of the Corporation or not, or which is continued for the sole use and

Vesting and
maintenance
of drains for
sole use of
properties.

benefit  of  any  premises  or  group  of  premises  shall—

(a)  notwithstanding  anything  contained  in  section  170,  vest  in  the

owner  of  such  premises  or  group  of  premises  on  and  from  the  appointed

day;

(b)  be  provided  with  all  such  further  appliances  and  fittings  as  may

appear  to  the  Commissioner  necessary  for  the  more  effectual  working  of

the same, and also be maintained in good repair and efficient condition by

the owner of such premises or group of premises, and be from time to time

flushed,  cleansed  and  emptied  by  the  Commissioner  at  the  charge  of  the

Municipal  Fund.

170. All  drains,  ventilation-shafts  and  pipes  and  all  appliances  and

fittings connected with drainage works constructed, erected or set up at any

time at the charge of the Municipal Fund or at the charge of the funds of any

local authority having jurisdiction in any part of the City before the appointed

day upon any premises not belonging to the Corporation and otherwise than

for the sole use and benefit of the premises or group of premises shall, unless

the  Corporation  has  other  wise  determined,  vest  in  the  Corporation.

171.

(1)  It  shall  not  be  lawful  newly  to  erect  any  building,  or  to  re-

erect  any  building,  or  to  occupy  any  building  newly  erected  or  re-erected

unless  and  until—

Right of
Corporation
to drains, etc.
constructed,
etc. at charge
of Municipal
Fund on
premises not
belonging to
Corporation.

New building
not to be
erected
without
drains.

(a) a  drain  be  constructed  of  such  size,  material  and  description,  at

such  level  and  with  such  fall  as  shall  appear  to  the  Commissioner  to  be

necessary  for  the  effectual  drainage  of  such  building;

(b) there  have  been  provided  for  and  set  up  in  such  building  and  in

the premises appurtenant thereto, all such appliances and fittings as may

appear to the Commissioner to be necessary for the purposes of gathering

and  receiving  the  drainage  from,  and  conveying  the  same  off,  the  said

building and the said premises, and of effectually flushing the drain of the

said  building  and  every  fixture  connected  therewith.

(2) The drain to be constructed as aforesaid shall empty into a municipal

drain or into some place legally set apart for the discharge of drainage situated

at  a  distance  not  exceeding  one  hundred  feet  from  the  premises  in  which

such building is situated; but if no such drain or place is within that distance

then such drain shall empty into such cesspool, as the Commissioner directs.

172. Every owner of a drain connected with a municipal drain, or other

place  legally  set  apart  for  the  discharge  of  drainage  shall  be  bound  to  allow

the  use  of  it  to  others,  or  to  admit  other  persons  as  joint  owners  thereof,  on

such terms as may be prescribed under section 173.

H  610—21a

Obligation of
owners of
drains to
allow use or
joint
ownership to
other.

142

How right of
use of joint
ownership of a
drain may be
obtained by a
person other
than the
owner.

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

173.

(1)  Any  person  desiring  to  drain  his  premises  into  a  municipal
drain  through  a  drain  of  which  he  is  not  an  owner,  may  make  a  private
arrangement with the owner for permitting his use of the drain, or may apply
to  the  Commissioner  for  authority  to  use  such  drain  or  to  be  declared  joint
owner  thereof.

(2) Where  the  Commissioner  is  of  opinion,  whether  on  receipt  of  such
application  or  otherwise,  that  the  only,  or  the  most  convenient,  means  by
which  the  owner  or  occupier  of  any  premises  can  cause  the  drain  of  such
premises to empty into a municipal drain or other place legally set apart for
the  discharge  of  drainage  is  through  a  drain  communicating  with  such
municipal  drain  or  place  aforesaid  but  belonging  to  some  person  other  than
the  said  owner  or  occupier,  the  Commissioner,  after  giving  the  owner  of  the
drain  a  reasonable  opportunity  of  stating  any  objection  thereto,  may,  if  no
objection is raised or if any objection which is raised appears to him invalid
or  insufficient,  by  an  order  in  writing,  either  authorise  the  said  owner  or
occupier to use the drain or declare him to be a joint owner thereof, on such
conditions  as  to  the  payment  of  rent  or  compensation  and  as  to  connecting
the  drain  of  the  said  premises  with  the  communicating  drain  and  as  to  the
respective responsibilities of the parties for maintaining, repairing, flushing,
cleansing  and  emptying  the  joint  drain,  or  otherwise,  as  may  appear  to  him
equitable.

(3) Every  such  order  bearing  the  signature  of  the  Commissioner  shall
be  a  complete  authority  to  the  person  in  whose  favour  it  is  made,  or  to  any
agent  or  person  employed  by  him  for  this  purpose,  after  giving  or  tendering
to the owner of the drain the compensation or rent specified in the said order
and  otherwise  fulfilling,  as  far  as  possible,  the  conditions  of  said  order,  and
after giving to the owner of the drain reasonable written notice of his intention
so  to  do,  to  enter  upon  the  land  in  which  the  said  drain  is  situate  with
assistants and workmen, at any time between sunrise and sunset, and, subject
to all provisions of this Act, to do all such things as may be necessary for,—

(a) connecting  the  two  drains  ;  or

(b) renewing,  repairing  or  altering  the  connection;  or

(c) discharging  any  responsibility  attaching  to  the  person  in  whose
favour  the  Commissioner’s  order  is  made  for  maintaining,  repairing,
flushing,  cleansing  or  emptying  the  joint  drain  or  any  part  thereof.

(4) In  respect  of  the  execution  of  any  work  under  sub-section  (3)  the
person in whose favour the Commissioner’s order is made shall be subject to
the  same  restrictions  and  liabilites  which  are  specified  in  sub-section  (4)  of
section  162.

Sewage and
rain water
drains to be
distinct.

174. Whenever  it  is  provided,  in  this  Chapter  that  steps  shall  or  may
be  taken  for  the  effectual  drainage  of  any  premises,  the  Commissioner  may
require that there shall be one drain for sullage, excrementitious matter and
polluted water and another and an entirely distinct drain for rain water and
unpolluted  sub-soil  water  or  for  both  rain  water  and  unpolluted  sub-soil
water,  each  emptying  into  separate  municipal  drains  or  other  places  legally
set  apart  for  the  discharge  of  drainage  or  other  suitable  places.

143

Affixing of
pipes for
ventilation of
drains, etc.

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

175.

(1)  For  the  purpose  of  ventilating  any  drain  or  cesspool,  whether
belonging to the Corporation or to any other person, the Commissioner may
erect upon any premises or affix to the outside of any building or to any tree
any  such  shaft  or  pipe  as  shall  appear  to  the  Commissioner  necessary  and
cut through any projection from any building including the eaves of any roof
thereof  in  order  to  carry  up  such  shaft  or  pipe  through  any  such  projection
and lay in, through, or under any land such appliances as may in the opinion
of  the  Commissioner  be  necessary  for  connecting  such  ventilating  shaft  or
pipe  with  the  drain  or  cesspool  intended  to  be  ventilated.

(2) Such  shaft  or  pipe  shall  be  erected  or  affixed  or  removed  in  the

manner laid down in the rules.

(3) If  the  Commissioner  declines  to  remove  a  shaft  or  pipe  under  the
rules, the owner of the premises, building or tree, upon or to which the same
has  been  erected  or  affixed,  may  apply  to  the  Judge,  within  fifteen  days  of
the  receipt  by  him  of  the  reply  of  the  Commissioner.

(4) Where  the  owner  of  any  building  or  land  cut  through,  opened  or
otherwise  dealt  with  under  sub-section  (1)  is  not  the  owner  of  the  drain  or
cesspool  intended  to  be  ventilated,  the  Commissioner  shall,  so  far  as  is
practicable, reinstate and make good such building, and fill in and make good
such land, at the charge of the Municipal Fund.

Diposal  of  Sewage.

176. The Commissioner may cause all or any municipal drains to empty
into  any  place,  whether  within  or  without  of  the  City,  and  dispose  of  the
sewage at any place whether within or without the City, and in any manner
which he shall deem suitable for such purpose :

Appointment
of places for
emptying of
drains and
disposal  of
sewage.

Provided  that,—

(a) the  Commissioner  shall  not  cause  any  municipal  drain  to  empty
into any place into which a municipal drain has not heretofore emptied, or
dispose of sewage at any place or in any manner at or in which sewage has
not  heretofore  been  disposed  of,  without  the  sanction  of  the  Corporation;
(b) no municipal drain shall be made to empty into any place, and no
sewage  shall  be  disposed  of  at  any  place  or  in  any  manner  which  the
1[State]  Government  shall  think  fit  to  disallow.

177.

The Commissioner may, for the purpose of receiving, creating,
storing, disinfecting, distributing or otherwise disposing of sewage, construct
any  work  within  or  without  the  City  or  purchase  or  take  on  lease  any  land,
building,  engine,  material  or  apparatus  either  within  or  without  the  City  or
enter  into  any  arrangement  with  any  person  for  any  period  not  exceeding
twenty  years  for  the  removal  or  disposal  of  sewage  within  or  without  the
City.

Provision of
means for
disposal  of
sewage.

Water-closets,  Privies,  Urinals,  etc.

178.

(1) It shall not be lawful to construct any water-closet or privy for
any  premises  except  with  the  written  permission  of  the  Comissioner  and  in
accordance  with  such  terms  not  being  inconsistent  with  any  rule  or  by-law
for the time being in force as he may prescribe.

Construction
of water
closets and
privies.

1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

H  610—23

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(2) In  prescribing  any  such  terms  the  Commissioner  may  determine  in

each  case,—

(a) whether  the  premises  shall  be  served  by  the  water-closet  or  by

the privy system, or partly by one and partly by the other ; and

(b) what  shall  be  the  site  or  position  of  each  water-closet  or  privy.

(3) If  any  water-closet  or  privy  constructed  on  any  premises  in
contravention of sub-section (1), the Commissioner may, after giving not less
than  ten  days  notice  to  the  owner  or  occupier  of  such  premises,  close  such

water-closet  or  privy,  and  alter  or  demolish  the  same,  and  the  expenses
incurred  by  the  Commissioner  in  so  doing  shall  be  paid  by  such  owner  or
occupier  or  by  the  person  offending.

Water-
closets and
other
accomodation
in buildings
newly erected
or re-erected.

179.

(1)  It  shall  not  be  lawful  to  erect  or  to  re-erect  or  convert  within
the meaning of section 253 any building for, or intended for, human habitation,
or  at  or  in  which  labourers  or  workmen  are  to  be  employed,  without  such

water-closet  or  privy  accommodation,  and  such  urinal  accommodation  and
accommodation for bathing or for the washing of clothes and domestic utensils
of such building as the Commissioner may prescribe :

1[Provided that it shall be lawful with the permission of the Commissioner

to  erect,  re-erect  or  convert  any  building  as  aforesaid  without  water-closet
or  privy  accommodation  on  any  plot  of  land  not  exceeding  one  thousand
square  feet  situated  in  such  area  or  areas  as  the  Commissioner  with  the

previous sanction of the Standing Committee, having regard to the relatively
undeveloped  and  rural  character  thereof,  considers  it  unessential  to  provide
for  such  water-closet  or  privy  accommodation].

(2) In  prescribing  any  such  accommodation  the  Commissioner  may

determine  in  each  case,—

(a) whether such building or work shall be served by the water-closet

or by the privy system, or partly by one and partly by the other;

(b) what shall be the site or position of each water-closet, privy, urinal

or bathing or washing place and their number.

(3) In determining the accommodation to be required under sub-section
(2) the Commissioner shall have regard to the necessity of providing adequate
and suitable water-closets or privies and bathing places for domestic servants

employed  by  the  occupants  of  the  building.

2[(4) Where premission to erect, re-erect or convert any building without

water-closet  or  privy  accommodation  in  any  area  is  given  under  the  proviso
to sub-section (1), the Commissioner shall provide and maintain privies and
laterines in proper and convenient places in that area or in the vicinity thereof

within  such  period  as  the  State  Government  may,  in  consultation  with  the

Commissioner,  determine  in  this  behalf.

1 This proviso was added by Mah. 39 of 1963, s. 2(a).
2 Sub-sections (4) and (5) were added by Mah. 39 of 1963, s. 2 (b).

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

145

(5)  If  the  Commissioner  fails  to  provide  privies  and  latrines  within  the
period determined as aforesaid, the State Government may provide for such
privies  and  latrine,  and  direct  that  the  cost  thereof  shall  be  paid  out  of  the
Municipal  Fund;  and  thereupon,  the  provisions  of  section  449  shall  apply  to
the recovery of such cost as they apply in relation to the recovery of expenses
incurred in pursuance of an order as is mentioned in sub-section (2) of section
448].

180. The  Commissioner  shall  provide  and  maintain  in  proper  and
convenient  situations  water-closets,  latrines,  privies  and  urinals  and  other
similar  conveniences  for  public  accommodation.

Public
necessaries.

Inspection.

181.

(1)  All  drains,  ventilation-shafts  and  pipes,  cess-pools,  house-
gullies, water-closets, privies, latrines and urinals and bathing and washing
places  which  do  not  belong  to  the  Corporation,  or  which  have  been
constructed, erected or set up at the charge of the Municipal Fund on premises
not belonging to the Corporation, for the use or benefit of the owner or occupier
of  the  said  premises,  shall  be  open  to  inspection  and  examination  by  the
Commissioner.

Drains, etc.,
not belonging
to
Corporation
to be subject
to inspection
and
examination.

(2) The Commissioner may, in the course of an inspection or examination
under  sub-section  (1),  obtain  and  take  away  a  sample  of  any  trade  effluent
which  is  passing  from  the  premises  inspected  or  examined  into  a  Municipal
drain.  The  analysis  of  such  sample  shall  be  made  in  the  manner  prescribed
by the rules.

(3) The  results  of  any  analysis  of  a  sample  taken  under  sub-section  (2)

shall  be  admissible  as  evidence  in  any  legal  proceedings  under  this  Act.

182. For  the  purpose  of  such  inspection  and  examination,  the
Commissioner  may  cause  the  ground  or  any  portion  of  any  drain  or  other
work  exterior  to  building  or  any  portion  of  a  building,  which  he  shall  think
fit,  to  be  opened,  broken  up  or  removed.

Power to open
ground, etc.,
for purposes
of inspection
and
examination.

Expenses of
inspection
and
examination.

183.

(1) If  upon  any  such  inspection  and  examination  as  aforesaid,  it
shall be found that the drain, ventilation-shaft or pipe, cess-pool, house-gully,
water-closet,  privy,  latrine  or  urinal  or  bathing  or  washing  place  examined
is  in  proper  order  and  condition,  and  that  none  of  the  provisions  of  this  Act
or of the rules or by-laws or any other enactment for the time being in force
has been contravened in respect of the construction or maintenance thereof,
and  that  no  encroachment  has  been  made  thereupon,  the  ground  or  portion
of  any  building,  drain  or  other  work,  if  any,  opened,  broken  up  or  removed
for the purpose of such inspection and examination shall be filled in, reinstated
and  made  good  by  the  Commissioner.

(2) If it shall be found that any drain, ventilation-shaft or pipe, cess-pool, house-
gully,  water-closet,  privy,  latrine  or  urinal  or  bathing  or  washing  place  so

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

examined  is  not  in  good  order  or  condition,  or  has  been  repaired,  changed,
altered  or  encroached  upon,  or,  except  when  the  same  has  been  constructed
by  or  under  the  order  of  the  Commissioner,  if  it  has  been  constructed  in
contravention of any of the provisions of this Act or the rules or bye-laws or
of  any  enactment  for  the  time  being  in  force  the  expenses  of  the  inspection
and  examination  shall  be  paid  by  the  owner  of  the  premises,  and  the  said
owner  shall  fill  in,  reinstate  and  make  good  the  ground,  or  portion  of  any
building, drain or other work opened, broken up or removed for the purpose
of such inspection and examination, at his own cost.

Commissioner
may require
repairs, etc.,
to be made.

184.

(1)  When  the  result  of  such  inspection  and  examination  as
aforesaid  is  as  described  in  sub-section  (2)  of  section  183  the  Commissioner
may,—

(a) by written notice require the owner of the premises or the several
owners  of  the  respective  premises  in  which  the  drain,  ventilation-shaft  or
pipe,  cess-pool,  house-gully,  water-closet,  privy,  latrine,  urinal  or  bathing
or washing place is situated or for the benefit of which the same has been
constructed,  erected  or  set  up,—

(i) to close or remove the same or any encroachment thereupon or,
subject  to  the  proviso  to  clause  (c)  of  sub-section  (1)  of  section  186,  to
remove  any  projection  over  the  same,  or

(ii) to renew, repair, cover, recover, trap, ventilate, flush, pave and
pitch or take such other order to keep the same in working condition by
effecting  such  other  works  as  he  shall  think  fit  to  direct  and  to  fill  in,
reinstate  and  make  good  the  ground,  building,  or  thing  opened,  broken
up or removed for the purpose of such inspection and examination ; and

(b) without notice, close, fill up or demolish any drain by which sullage
or  sewage  is  carried  through,  from,  into  or  upon  any  premises  in
contravention  of  any  of  the  provisions  of  this  Act  or  the  rules  or
by-laws, and the expenses incurred by the Commissioner in so doing shall
be paid by such owner or owners.

(2) Any  requisition  under  clause  (a)  of  sub-section  (1)  in  respect  of  any
drain  which  has  been  constructed,  erected  or  set  up,  or  which  is  continued
for the sole use and benefit of a property or for the exclusive use and benefit
of  two  or  more  properties,  may  include  any  extension  thereof  beyond  such
property  or  properties  if  and  so  for  as  such  extension  has  been  constructed,
erected or set up, or is continued, for the sole use and benefit of such property
or  properties.

Cost of
inspection
and execution
of works in
certain cases.

185.

In the case of any drain which has been constructed, ereted or fixed,
or  which  is  continued,  for  the  exclusive  use  and  benefit  of  two  or  more
premises  and  which  is  not,—

(a)  a  drain  constructed  under  sub-section  (1)  of  section  167,  or

(b)  a  drain  in  respect  of  which  conditions  as  to  the  respective
responaibilities  of  the  parties  have  been  declared  under  sub-section  (2)  of
section  173,

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

147

the  expenses  of  any  inspection  and  examination  made  by  the  Commissioner

under  section  181  and  of  the  execution  of  any  work  required  under  section

184, whether executed under section 188 or not, shall be paid by the owners

of  such  premises,  in  such  proportions,  as  shall  be  determined  by  the

Commissioner.

1[185A.

(1) It  shall  be  the  responsibility  of  every  owner  or  occupier  of

a building to ensure that the exterior of the building is kept and maintained

in  good  condition  and,  is  not  in  a  state  of  disrepair  or  spoiled  on  account  of

cracks,  stains,  shabby  enclosures,  hanging  wires  or  cables  or  keeping  of

unwholesome articles which spoil the apperance of a building or part thereof :

Provided that, nothing in this section shall apply to the area declared as

Mah.
XXVIII
of 1971.

slum area under sub-section (1) of section 4 of the Maharashtra Slum Areas

(Improvement,  Clearance  and  Redevelopment)  Act,  1971  and  the  buildings

in respect of which the re-development plan is sanctioned by the Competent

Authority  or  is  under  consideration  of  the  Competent  Authority.

Responsibility
of owner or
occupier to
keep and
maintain
exterior of
building in
good
condition.

(2) If, on inspection of such building or a part thereof, the Commissioner

is of the opinion that the exterior of any building or a part thereof is not kept

and  maintained  in  good  condition  and  is  spoiled  on  account  of  any  of  the

factors  mentioned  in  sub-section  (1),  the  Commissioner  may,  by  notice  in

writing,  require  the  owner  or  occupier  thereof  to  carry  out  necessary  work

as may be specified in such notice so as to keep and maintain the exterior of

a building in good condition; and the owner, or as the case may be, the occupier

shall  comply  with  such  notice.

(3) The  owner  or  occupier  of  the  building  shall  carry  out  the  work

mentioned  in  the  notice  issued  by  the  Commissioner  under  sub-section  (2),

within thirty days from the date of receipt of the notice or such longer period

as  the  Commissioner  may,  having  regard  to  the  nature  and  the  extent  of

work  to  be  carried  out,  specify.

(4) Where the owner or, as the case may be, the occupier fails to comply

with the notice under sub-section (2), the Commissioner may cause the work

mentioned  in  such  notice  to  be  executed  and  the  owner  or,  as  the  case  may

be,  the  occupier  shall  be  liable  to  pay  the  expenses  incurred  by  the

Commissioner  in  that  behalf  within  thirty  days  from  the  date  of  the  receipt

of a demand notice, and if such owner or occupier fails to pay the same, there

shall be levied an interest at the rate of two per cent. for each month or part

thereof,  on  the  amount  of  expenses  incurred  by  the  Commissioner,  till  the

entire  amount  of  such  expenses  is  paid.

(5) Save  as  otherwise  provided  in  this  section,  the  amount  of  such

expenses together with interest, if any, shall be recoverable as if the amount

thereof was due as a property tax.

1 Sections 185A and 185B were inserted by Mah. 9 of 2011, s. 4.

H  610—22

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Power of
Commissioner
to make
declaration of
aesthetic
harmony.

(6) If  there  is  any  dispute  about  the  amount  of  expenses  for  which
demand  is  made  under  sub-section  (4),  an  appeal  may  be  preferred  to  the
Judge,  before  whom  an  appeal  may  be  filed  under  section  406  but  no  such
appeal  shall  be  entertained  by  such  Judge  unless,—

(i) it  is  preferred  within  twenty-one  days  from  the  date  of  receipt  of

notice  of  such  demand;

(ii) the  amount  for  which  demand  is  made  is  deposited  with  the
Corporation  and  a  ture  copy  of  the  receipt  showing  that  the  amount  has
been  so  deposited  accompanies  the  appeal.

(7) In case the appeal is decided in favour of the appellant and the amount
of expenses deposited with the Corporation is more than the amount payable
by  the  appellant,  the  Commissioner  shall  adjust  the  excess  amount  with
interest at 6.25 per cent. per annum from the date on which the amount is so
deposited  by  the  appellant,  towards  the  property  tax  payable  by  the  owner
in  respect  of  such  building  thereafter.

185B.

(1)  The  Commissioner,  after  obtaining  approval  of  the  State
Government,  may,  by  notification  in  the  Official  Gazette,  and
by  advertisement  in  not  less  than  two  local  news  papers,  declare
that  with  a  view  to  creating  aesthetic  harmony,  maintaining  architectural
character  and  beautifying  and  improving  the  aesthetic  appearance
of  particular  urban  space,  the  external  apperance  of  any  building
or  building  including  any  fixtures  thereon  and  a  boundary  wall,  if
any,  either  existing  on  the  date  of  publication  of  declaration  or
proposed  to  be  constructed  and  completed  thereafter  and  located  on  any
street  in  any  locality  or  part  thereof  in  the  municipal  area  specified  in  such
declaration, be kept and maintained in such manner and within such time as
may  be  indicated  in  such  declaration.

(2) Before  publication  of  the  notification  under  sub-section  (1),  the
Commissioner shall cause to be given a notice by advertisement in the Official
Gazette and in not less than two local news papers announcing his intention
to issue such declaration, and inviting all persons who entertain any objection
or  who  desire  to  make  any  suggestions  to  the  said  proposal  to  submit  the
same  in  writing,  with  the  reasons  therefore,  to  the  Commmissioner  within
one  month  from  the  date  of  the  publication  of  such  notice  in  the  Official
Gazette. After expiry of the said period of one month, the Commissioner shall
consider  the  objections  and  suggestions  within  one  month.

(3) Where  the  owner  fails  to  comply  with  the  requirement  under  the
declaration  under  sub-section  (1),  within  the  period  specified,  the
Commissioner  may  take  or  cause  to  be  taken  such  steps  to  carry  out  the
work  required  to  be  executed  under  the  declaration  ;  and  the  expenses
incurred  by  the  Corporation  in  respect  thereof  shall  be  recovered  from  the
owner as if the amount thereof were arrears of property tax due by the said
owner and shall be payable by the owner on demand.

(4) If  there  is  any  dispute  about  the  amount  of  expenses  for  which
demand  is  made  under  sub-section  (3),  an  appeal  may  be  preferred  by  the

1949 : LIX ]

Maharashtra  Municipal  Corporations  Act

149

owner  to  the  Judge,  before  whom  an  appeal  under  section  406  may  be  filed,
but no such appeal shall be entertained by such Judge unless,—

(i)  it  is  preferred  within  twenty-one  days  from  the  date  of  receipt  of

notice of such demand ;

(ii)  the  amount  for  which  demand  is  made  is  deposited  with  the
Corporation  and  a  true  copy  of  the  receipt  showing  that  the  amount  has
been  so  deposited  accompanies  the  appeal.

(5) In case the appeal is decided in favour of the appellant and the amount
of expenses deposited with the Corporation is more than the amount payable
by  the  appellant,  the  Commissioner  shall  adjust  the  excess  amount  with
interest at 6.25 per cent. per annum from the date on which the amount is so
deposited  by  the  appellant,  towards  the  property  tax  payable  by  the  owner
in  respect  of  such  building  thereafter.]

186.

(1) No  person  shall,—

General  Provisions.

(a) in  contravention  of  any  of  the  provisions  of  this  Act  or  rules  or
by-laws or of any notice issued or direction given under this Act or without
the  written  permission  of  the  Commissioner,  in  any  way  alter  the  fixing,
disposition or position of, or construct, erect, setup, renew, rebuild, remove,
obstruct,  stop  up,  destroy  or  change,  any  drain,  ventilation-shaft  or  pipe,
case-pool, water-closet, privy, latrine or urinal or bathing or washing place
or  any  trap,  covering  or  other  fitting  or  appliance  connected  therewith  ;

(b) without the written permission of the Commissioner, renew, rebuild
or unstop any drain, ventilation-shaft or pipe, cess-pool, water-closet, privy,
latrine  or  urinal  or  bathing  or  washing  place,  or  any  fitting  or  appliance,
which  has  been,  or  has  been  ordered  to  be,  discontinued,  demolished  or
stopped up under any of the provisions of this Act or the rules or by-laws;

(c) without  the  written  permission  of  the  Commissioner,  make  any
projection  over  or  encroachment  upon,  or  in  any  way  injure  or  cause  or
permit to be injured, any drain, cess-pool, house-gully, water-closet, privy,
latrine or urinal or bathing or washing place :

Provided that nothing in this clause shall apply to any weather-shade
in  width  not  exceeding  two  feet  over  any  window  which  does  not  front  a
wall or window of an adjoining house ;

(d) drop,  pass  or  place,  or  cause  or  permit  to  be  dropped,  passed  or
placed,  into  or  in  any  drain,  any  brick,  stone,  earth,  ashes,  dung  or  any
substance or matter which is likely to injure the drain or, to interfere with
the  free  flow  of  its  contents,  or  to  affect  prejudicially  the  treatment  and
disposal  of  its  contents  ;

(e) pass,  or  permit  or  cause  to  be  passed,  into  any  drain  provided  for
a particular purpose any matter or liquid for the conveyance of which such
drain  has  not  been  provided  ;

H  610—22a

Prohibition of
acts
contravening
the provisions
of the Act,
rules or
by-laws or
done without
sanction.

150

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(f) except  as  provided  by  or  under  this  Act  cause  or  suffer  to  be

discharged into any drain any chemical refuse or waste steam or any liquid

of a temperature higher than one hundred and twenty drgrees Fahrenheit,

being  refuse  or  steam  which  when  so  treated  is,  either  along  or  in

combination  with  the  contents  of  the  drain,  dangerous  or  the  cause  of  a

nuisance  or  prejudicial  to  health;

(g) cause or suffer to be discharged into any drain, carbide of calcium

or any such crude petroleum, any such oil made from petroleum, coal, shale

or  bituminous  substances,  or  such  product  of  petroleum  or  mixture

containing  petroleum  as  gives  off  under  test  an  inflammable  vapour  at  a

temperature  of  less  than  seventy  three  degrees  Fahrenheit.

(2) If the person carrying out any work or doing any act in contravention

of  any  of  the  clauses  of  sub-section  (1)  is  not  at  the  time  of  the  notice  the

owner  of  such  building  or  work,  then  the  owner  of  such  building  or  work

shall be deemed to have been responsible for carrying out all such requisitions

in the same way as the person so carrying out would have been liable.

Water  closets
etc. not to be
injured or
improperly
fouled.

187.

(1) No  person  shall  injure  or  foul  any  water-closet,  privy,  urinal

or  bathing  or  washing  place  or  any  fittings  or  appliances  in  connection

therewith which have been provided for the use in common of the inhabitants

of  one  or  more  buildings.

(2) If any such water-closet, privy, urinal or bathing or washing place or

any  fitting  or  appliance  in  connection  therewith  or  the  approaches  thereto

or  the  walls,  floors  or  seats  or  anything  used  in  connection  therewith  are  in

such a state as to be a nuisance or source of annoyance to any inhabitant of

the said building or buildings or to any inhabitant of the locality or passer-by

for want of proper cleaning thereof, such of the persons having the use thereof

as may be in default or, in the absence of evidence as to which of the persons

having  the  use  thereof  in  common  is  in  default,  every  such  person  shall  be

deemed  to  have  contravened  the  provisions  of  this  section.

(3)  The  provisions  of  this  section  shall  not  exempt  the  owner  of  the

building  or  buildings  from  any  penalty  to  which  he  may  otherwise  have

rendered  himself  liable.

188.

(1) The  Commissioner  may,  if  he  thinks  fit,  cause  any  work

described in this Chapter or in Chapter  IX of the Schedule to be executed by

Municipal  or  other  agency  under  his  own  orders,  without  first  of  all  giving

the person by whom the same would otherwise have to be executed the option

of doing the same.

(2) The  expenses  of  any  work  so  done  shall  be  paid  by  the  person

aforesaid,  unless  the  Corporation  shall  by  a  general  or  special  order  or

resolution  sanction,  as  it  is  hereby  empowered  to  sanction,  the  execution  of

such work at the charge of the Municipal Fund.

Commissioner
may execute
certain works
under this Act
without
allowing
option to
persons
concerned of
excecuting the
same.

1949 : LIX]

Maharashtra Municipal Corporations Act

151

CHAPTER  XIII.

WATER SUPPLY.

Construction  and  maintenance  of  municipal  water  works.

189.

(1) When the Commissioner has given public notice under clause
(b)  of  sub-section  (1)  of  section  130  that  the  Corporation  has  arranged  to
supply  water  to  any  portion  of  the  City  from  municipal  water  works  by
means  of  private  water  connections  or  of  public  stand-post  or  by  any  other
means,  it  shall  be  incumbent  on  him  to  take  all  such  mesures  as  may  be
practicable  to  ensure  that  a  sufficient  supply  is  available  for  meeting  the
reasonable  requirements  of  the  residents  of  such  portion  of  the  City.

(2)  For  the  purposes  of  carrying  out  the  obligation  imposed  by  sub-
section  (1)  and  of  providing  the  City  with  a  supply  of  water  proper  and
sufficient  for  public  and  private  purposes,  the  Commissioner  may  with  the
approval  of  the  Corporation,—

(a)  construct,  maintain  in  good  repair,  alter,  improve  and  extent
water-works either within or without the City, and do any other necessary
acts ;

(b)  purchase  or  take  on  lease  any  water-work  or  any  water  or
right  to  store  or  to  take  and  convey  water  either  within  or  without  the
City ;

(c) enter into an arrangement with any person for a supply of water.

(3) All municipal water-works shall be managed by the Commissioner.

190. Any person appointed by the  2[State] Government in this behalf
shall  at  all  reasonable  times  have  liberty  to  enter  upon  and  inspect  any
municipal  water  works.

191. The  Commissioner  and  any  person  appointed  by  the  3[State]
Government  under  section  190  in  this  behalf  may,  for  the  purpose  of
inspecting  or  repairing  or  executing  any  work  in,  upon  or  in  connection
with  any  municipal  water  works,  at  all  reasonable  times,—

(a) enter  upon  and  pass  through  any  land,  within  or  without  the
City,  adjacent  to  or  in  the  vicinity  of  such  water-works,  in  whomsoever
such land may vest ;

(b) cause to be conveyed into and through any such land all necessary

men,  materials,  tools  and  implements.

Water supply.

Inspection of
municipal
water works by
persons
appointed by
1[State]
Government.

Power of
access to
Municipal
water works.

192.

(1)  For  the  purpose  of  carrying,  renewing  and  repairing  water-
mains, pipes and ducts within or without the City, the Commissioner shall
have the same powers and be subject to the same restrictions as he has and
is  subject  to  under  the  provisions  herein  before  contained  for  carrying,
renewing  and  repairing  drains  within  the  City.

Power of
carrying water-
mains, etc.

1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
2 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.
3 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

152

Maharashtra Municipal Corporations Act

 [1949 : LIX

Fire-hydrants
to be
provided.

Prohibition of
certain acts
affecting the
municipal
water-works.

(2)  This  section  shall  apply  in  respect  of  carrying,  renewing  and
repairing  private  water-mains,  pipes  and  ducts  as  it  applies  in  respect  of
carrying,  renewing  and  repairing  municipal  water-mains,  pipes  and  ducts.

193. The  Commissioner  shall  cause  fire-hydrants  and  all  necessary
works,  machinery  and  assistance  for  supplying  water  in  case  of  fire  to  be
provided and maintained and shall have painted or marked on the buildings
and  walls  or  in  some  other  conspicuous  manner,  within  the  streets,  words
or  marks  near  to  such  hydrants  to  denote  the  situation  thereof,  and  shall
cause  a  hydrant-key  to  be  deposited  at  each  place  within  the  City  where  a
municipal  fire-engine  is  kept,  and  do  such  other  things  for  the  purpose
aforesaid,  as  he  shall  deem  expedient.

194.

(1)  Except  with  the  permission  of  the  Corporation,  no  person

shall,—

(a) erect any buliding for any purpose whatever on any part of such
area as shall be demarcated by the Commissioner surrounding any lake,
tank,  well  or  reservior  from  which  a  supply  of  water  is  derived  for  a
municipal  water  work ;

(b)  remove,  alter,  injure,  damage  or  in  any  way  interfere  with  the

demarcation  works  of  the  area  aforsaid ;

(c) extend,  alter  or  apply  to  any  purpose  different  to  that  to  which
the same has been heretofore applied, any building already existing within
the  area  aforesaid ;  or

(d) carry on, within the area aforesaid, any operation of manufacture,
trade or agriculture in any manner, or do any act whatever, whereby injury
may arise to any such lake, tank, well or reservoir or to any portion thereof
or  whereby  the  water  of  any  such  lake,  tank,  well  or  reservoir  may  be
fouled  or  rendered  less  wholesome.

(2)  Except  as  hereinafter  provided,  no  person  shall,—

(a)  cause  or  suffer  to  percolate  or  drain  into  or  upon  any  municipal
water-work  or  to  be  brought  thereinto  or  thereupon  anything,  or  to  be
done  any  fact,  where  by  the  water  therein  may  be  in  anyway  fouled  or
polluted  or  its  quality  altered  ;

(b)  alter  the  surface  of  any  municipal  land  adjacent  to  or  forming
part  of  any  such  work  by  digging  thereinto  or  depositing  thereon  any
substance ;

(c) cause or suffer to enter into the water in such work any animal ;

(d) throw or put anything into or upon the water in such work  ;

(e) bathe in or near such work ; or

(f)  wash  or  cause  to  be  washed  in  or  near  such  work  any  animal  or

thing.

Obligation of
Corporation
to partake
common
facility.

1[194A.

If,  a  common  facility  is  created  by  the  State  Government  or
by  any  agency  of  the  State  Government,  under  instructions  from  the  State
Government, for processing or disposal of solid waste or treatment or recycling
sewage  and  waste  water  or  bulk  supply  or  treatment  of  water  for  drinking

1 Section 194A was inserted by Mah. 28 of 2012, s. 4.

1949 : LIX]

Maharashtra Municipal Corporations Act

153

purpose,  it  shall  be  mandatory  for  the  Corporation,  if  so  directed  by  the
State Government, to partake of that facility in accordance with such terms
and conditions as may be specified by the State Government, by an order in
the  Official  Gazette :

Provided  that,  the  State  Government  shall,  before  issuing  any
direction under this section, give an opportunity to the Corporation to make
within fifteen days a representation, if any, in this regard. If the Corporation
fails to represent within fifteen days or, after having represented, the State
Government, on considering the representation, is of the opinion that issuing
such  direction  is  necessary,  the  State  Government  may  issue  the  same.]

195.

(1)  Without  the  written  permission  of  the  Commissioner,  no
building, wall or structure of any kind shall be newly erected or re- erected
and  no  street  or  minor  railway  shall  be  constructed,  over  any  municipal
water-main.

Buildings, etc.,
not to be
erected over
municipal
water-main
without
permission.

(2) If any building, wall or structure be so erected or re-erected or any
street or minor railway be so constructed, the Commissioner may, with the
approval  of  the  Standing  Committee,  cause  the  same  to  be  removed  or
otherwise  dealt  with  as  to  him  shall  appear  fit,  and  the  expenses  thereby
incurred  shall  be  paid  by  the  person  offending.

Public  Gratuitous  Water-Supply.

196.

(1)  All  existing  public  drinking  fountains,  tanks,  reservoirs,
cisterns,  pumps,  wells,  ducts  and  works  for  the  supply  of  water  for  the
gratuitous  use  of  the  inhabitants  of  the  City  shall  vest  in  the  Corporation
and  be  under  the  control  of  the  Commissioner.

Vesting of
public drinking
fountains, etc.
in the
Corporation.

(2) The Commissioner may maintain the said works and provide them
with water, and when authorised by the Corporation in this behalf construct
any  other  such  works  for  supplying  water  for  the  gratuitous  use  of  the
inhabitants of the City :

Provided  that  water  carried  away  by  any  of  the  inhabitants  from  any
such  work  shall  be  taken  only  for  personal  or  domestic  purposes  and
not for the purpose of business or sale and shall not, except with the written
permission of the Commissioner, be carried away in a cask, cart, pakhal or
masak.

(3) The  Commissioner  may  temporarily,  and  with  the  approval  of  the
Corporation  permanantly  close  any  of  the  said  works  either  entirely  or
partially.

(4) If  any  such  work  is  permanently  closed  either  entirely  or  partially
by  the  Commissioner  the  site  thereof,  or  of  the  portion  thereof  which  is  so
closed, and the materials of the same may be disposed of as the property of
the  Corporation :

Provided  that  if  any  such  work  which  is  permanently  closed,  either
entirely  or  partially,  was  a  gift  to  the  public  by  some  private  person,  the
said  site  and  materials  or  the  proceeds  of  the  sale  thereof  shall,  unless  by
reason  of  their  value  being  insignificant  or  for  other  sufficient  reason  the

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Corporation  thinks  fit  to  direct  otherwise,  be  applied  to  or  towards  some
local work of public utility bearing the name of such person, or to or towards
any such local work which shall be approved by the Corporation and by the

heirs  or  other  representatives,  if  any,  of  the  said  person.

Public
drinking
fountains,
etc., may be
set apart for
particular
purposes.

197.

(1) The Commissioner may assign and set apart each of the said
works and the water therein for use by the public for such purpose only as

he  shall  think  fit,  and  shall  cause  to  be  indicated,  by  a  notice  affixed  on  a
conspicuous  spot  on  or  near  each  such  work,  the  purpose  for  which  the
same is so assigned and set apart.

(2) No person shall make use of any such work or of any water therein
for  any  purpose  other  than  the  purpose  for  which  the  same  has  been  so

assigned  or  set  apart.

Private  Water  Supply.

Conditions  as
to use of
water not to
be
contravened.

198. No  person  to  whom  water  is  supplied  by  measurement  or
according  to  the  size  of  the  connection  or  on  payment  of  a  fixed  periodical

sum  shall  contravene  any  condition  prescribed  under  sub-section  (2)  of
section  134  for  the  use  of  such  water,  or  permit  any  such  condition  to  be
contravened.

Water-pipes
etc., not to be
placed where
water will be
polluted.

199. No  water-pipes  shall  be  laid  in  a  drain  or  on  the  surface  of  an
open  channel  or  house-gully  or  within  twenty  feet  of  a  cesspool,  or  in  any
position where the pipe is likely to be injured or the water therein polluted

Prohibition of
fraudulent
and un-
authorised
use of water.

and  no  well  or  tank  and,  except  with  the  consent  of  the  Commissioner,  no
cistern  shall  be  constructed  within  twenty  feet  of  a  privy,  water-closet  or
cesspool.

200.

(1)  No  person  shall  fraudulently  dispose  of  any  water  supplied

to  him  by  the  Corporation.

(2) No  person  to  whom  a  private  supply  of  water  is  furnished  by  the
Corporation  shall,  except  when  the  water  supplied  is  charged  for  by
measurement, permit any person who does not reside on premises in respect

of which water-tax is paid to carry away water from the premises to which
it  is  supplied.

(3) No  person  who  does  not  reside  on  premises  in  respect  of  which

water-tax  is  paid  shall  carry  away  water  from  any  premises  to  which  a
private supply is furnished by the Corporation, unless, in any case in which
such supply is charged for by measurement, he does so with the permission

of  the  person  to  whom  such  supply  is  furnished.

General.

Power to
supply water
without the
City.

201. The  Commissioner  may  supply  water  from  a  municipal  water-

work to any local authority or person without the City on such terms as to
payment  and  as  to  the  period  and  conditions  of  supply  as  shall  be,  either
generally  or  specially,  approved  by  the  Corporation.

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Maharashtra Municipal Corporations Act

155

Vesting of
public streets
in Corporation.

Power of
Commissioner
in respect of
public streets.

CHAPTER  XIV.

STREETS.

Construction,  Maintenance  and  Improvement  of  Streets.

202. All  streets  within  the  City  being,  or  which  at  any  time  become,
public  streets,  except  which  on  the  appointed  day  vested  in  the
1[Government]  or  which  after  the  said  day  may  be  constructed  and
maintained by an authority other than the Corporation, and the pavements,
stones  and  other  materials  thereof  shall  vest  in  the  Corporation  and  be
under  the  control  of  the  Commissioner.

203.

(1)  The  Commissioner  shall  from  time  to  time  cause  all  public
streets  vested  in  the  Corporation  to  be  levelled,  metalled  or  paved,
channelled,  altered  and  repaired,  as  occasion  shall  require,  and  may  also
from  time  to  time  widen,  extend  or  otherwise  improve  any  such  street  or
cause  the  soil  thereof  to  be  raised,  lowered  or  altered  and  may  place  and
keep  in  repair  fences  and  posts  for  the  safety  of  pedestrians  :

Provided that no widening, extension or other improvement of a public
street, the aggregate cost of which will exceed five thousand rupees or such
higher  amount  as  the  Corporation  may  from  time  to  time  fix,  shall  be
undertaken by the Commissioner unless or until such undertaking has been
authorised  by  the  Corporation.

(2)  With  the  sanction  of  the  Corporation  the  Commissioner  may
permanently  close  the  whole  or  any  part  of  a  public  street  vested  in  the
Corporation :

Provided that such sanction of the Corporation shall not be given unless,
one  month  at  least  before  the  meeting  at  which  the  matter  is  decided,  a
notice signed by the Commissioner has been put up in the street or part of
a  street  which  it  is  proposed  to  close,  informing  the  residents  of  the  said
proposal, nor until the objections to the said proposal, if any, made in writing
at  any  time  before  the  day  of  the  said  meeting  have  been  received  and
considered  by  the  Corporation.

204. Whenever  any  public  street  or  part  of  a  public  street,  is
permanently  closed  under  section  203,  the  site  of  such  street,  or  of  the
portion thereof which has been closed, may be disposed of as land vesting in
the Corporation, subject to the previous sanction of the 1[State] Government.

Disposal of
land forming
site of closed
streets.

205. The  Commissioner,  when  authorised  by  the  Corporation  in  this

behalf, may at any time,—

Power to make
new public
streets.

(a) lay out and make a new public street ;

(b) agree  with  any  person  for  the  making  of  a  street  for  public  use
through  the  land  of  such  person,  either  entirely  at  the  expense  of  such
person or partly at the expense of such person and partly at the expense

1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

H  610-23

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Maharashtra Municipal Corporations Act

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Minimum
width of new
public streets.

Power to
adopt,
construct or
alter any sub-
way, bridge,
etc.

Power to
prohibit use of
public streets
for certain
kinds of
traffic.

of  the  Corporation,  and  that  such  street  shall  become,  on  completion,  a
public  street,  which  shall  vest  in  the  Corporation  ;

(c) construct  bridges  and  sub-ways  ;

(d) divert or turn an existing public street vested in the Corporation

or  a  portion  thereof.

206.

(1) The Corporation shall from time to time with the sanction of
the  1[State] Government specify the minimum width for different classes of
public  streets  according  to  the  nature  of  the  traffic  likely  to  be  carried
thereon,  the  localities  in  which  they  are  situated,  the  heights  upto  which
buildings abutting thereon may be erected and other similar considerations.

(2) The  width  of  a  new  public  street  made  under  section  205  shall  not
be  less  than  that  prescribed  under  sub-section  (1)  for  the  class  to  which  it
belongs,  and  no  steps  and,  except  with  the  written  permission  of  the
Commissioner  under  section  227,  no  other  projections  shall  extend  on  to
any  such  street.

207. The  Commissioner  when  authorized  by  the  Corporation  in  this

behalf, may agree with any person,—

(a) to  adopt  and  maintain  any  existing  or  projected  sub-way,  bridge,
viaduct  or  arch,  and  the  approaches  thereto,  and  may  accordingly  adopt
and maintain such sub-way, bridge, viaduct or arch and approaches as parts
of  public  streets,  or  as  property  vesting  in  the  Corporation,  or

(b) for  the  construction  or  alteration  of  any  such  sub-way,  bridge,
vaiduct or arch or for the purchase or acquisition of any adjoining land required
for the foundations and support thereof or for the approaches thereto, either
entirely at the expense of such person or partly at the expense of such person
and  partly  at  the  expense  of  the  Corporation.

208.

(1)  It  shall  be  lawful  for  the  Commissioner  with  the  sanction  of

the  Corporation  to,—

(a)  prohibit  vehicular  traffic  in  any  particular  public  street  vesting
in  the  Corporation  so  as  to  prevent  danger,  obstruction  or  inconvenience
to  the  public  by  fixing  up  posts  at  both  ends  of  such  street  or  portion  of
such  street ;

(b) prohibit in respect of all public streets, or particular public streets,
the  transit  of  any  vehicle  of  such  form,  construction,  weight  or  size  or
laden  with  such  heavy  or  unwieldy  objects  as  may  be  deemed  likely  to
cause  injury  to  the  roadways  or  any  construction  thereon,  or  risk  of
obstruction  to  other  vehicles  or  pedestrians  along  or  over  such  street  or
streets,  except  under  such  conditions  as  to  time,  mode  of  traction  or
locomotion,  use  of  appliances  for  protection  of  the  roadway,  number  of
lights  and  assistants,  and  other  general  precautions  and  the  payment  of
special  charges  as  may  be  specified  by  the  Commissioner  generally  or
specially  in  each  case.

1 This word was substituted for the word "Provincial" by the Adaptation of Laws Order, 1950.

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Maharashtra Municipal Corporations Act

157

Power to
acquire
premises for
improvement
of public
streets.

Power to
prescribe
street lines.

(2)  Notices  of  such  prohibitions  as  are  imposed  under  sub-section  (1)

shall  be  posted  up  in  conspicuous  places  at  or  near  both  ends  of  the  public

streets  or  portions  thereof  to  which  they  relate,  unless  such  prohibitions

apply  generally  to  all  public  streets.

209.

(1)  The  Commissioner  may,  subject  to  the  provisions  of  sections

77, 78 and 79,—

(a)  acquire  any  land  required  for  the  purpose  of  opening,  widening,

extending,  diverting  or  otherwise  improving  any  public  street,  bridge  or

sub-way  or  of  making  any  new  public  street,  bridge  or  sub-way  and  the

buildings, if any, standing upon such land ;

(b)  acquire  in  addition  to  the  said  land  and  the  buildings,  if  any,

standing  thereupon,  all  such  land  with  the  buildings,  if  any,  standing

thereupon,  as  it  shall  seem  expedient  for  the  Corporation  to  acquire

outside of the regular line, or of the intended regular line, of such street ;

(c) lease, sell or otherwise dispose of any land or building purchased

under  clause  (b).

(2) The aquisition of land for providing, extending or improving a place

for the parking of vehicles shall be deemed to be acquisition of land for the

purpose  of  providing,  extending  or  improving  a  public  street.

(3) Any  conveyance  of  land  or  of  a  building  under  clause  (c)  of  sub-

section (1) may comprise such conditions as the Commissioner thinks fit, as

to the removal of the existing building, the description of new building to be

erected, the period within which such new building shall be completed and

other  such  matters.

210.

(1)  The  Commissioner  may,—

(a) prescribe  a  line  on  one  or  both  sides  of  any  public  street :

Provided  that  every  regular  line  of  a  public  street  operative  under

any  law  for  the  time  being  in  force  in  any  part  of  the  City  on  the  day

immediately  preceding  the  appointed  day  shall  be  deemed  to  be  a  street

line  for  the  purposes  of  this  Act  until  a  street  line  is  prescribed  by  the

Commissioner  under  this  clause  ;

(b) from time to time, but subject in each case to the previous approval

of the Standing Committee, prescribe a fresh line in substitution for any

line  so  prescribed  or  for  any  part  thereof :

Provided  that  such  approval  shall  not  be  accorded  unless,  at  least  one

month  before  the  meeting  of  the  Standing  Committee  at  which  the  matter

is decided, public notice of the proposal has been given by the Commissioner

by advertisement in the local newspapers and special notice thereof, signed

by the Commissioner, has also been put up in the street or part of the street

H  610-23a

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Maharashtra Municipal Corporations Act

 [1949 : LIX

for which such fresh line is proposed to be prescribed and until the Standing
Committee has considered all objections to the said proposal made in writing
and  delivered  at  the  office  of  the  Municipal  Secretary  not  less  than  three

clear days before the day of such meeting.

(2) The  line  for  the  time  being  prescribed  shall  be  called  “ the  regular

line  of  the  street ”.

(3) A  register  with  plans  attached  shall  be  kept  by  the  Commissioner
showing all public streets in respect of which a regular line of the street has
been  prescribed  and  such  register  shall  contain  such  particulars  as  to  the

Commissioner  may  appear  to  be  necessary  and  shall  be  open  to  inspection
by  any  person  upon  payment  of  such  fee  as  may  from  time  to  time  be
prescribed  by  the  Standing  Committee.

(4) (a)  Subject  to  the  provisions  of  sub-section  (5),  no  person  shall
construct  or  reconstruct  any  portion  of  any  building  on  land  within  the
regular  line  of  the  street  except  with  the  written  permission  of  the

Commissioner  and  in  accordance  with  the  conditions  imposed  therein  and
the  Commissioner  shall  in  every  case  in  which  he  gives  such  permission,
the  same  time,  report  his  reasons  in  writing  to  the  Standing  Committee.

(b) No  person  shall  construct  or  reconstruct  any  boundary  wall  or  a
portion of a boundary wall within the regular line of the street except with
the  written  permission  of  the  Commissioner  :

Provided  that  if,  within  sixty  days  after  the  receipt  of  an  application
from any person for permission to construct or reconstruct a boundary wall
or  a  portion  thereof,  the  Commissioner  fails  to  acquire  the  land  within  the

regular line of the street under section 213, the said person may, subject to
any  other  provisions  of  this  Act  or  the  rules  or  by-laws,  proceed  with  the
work  of  construction  or  reconstruction  of  such  boundary  wall  or  a  portion

thereof, as the case may be.

(5) (a)  When  the  Commissioner  grants  permission  under  clause  (a)  of
sub-section (4) for the construction or reconstruction of any building on land

within the regular line of the street he may require the owner of the building
to  execute  an  agreement  binding  himself,  and  his  successors  in  title  not  to
claim compensation in the event of the Commissioner at any time thereafter

calling  upon  him  or  any  of  his  successors  by  written  notice  to  remove  any
work carried out in pursuance of such permission or any portion therof and
to  pay  the  expenses  of  such  removal  if,  in  default,  such  removal  is  carried

out  by  the  Commissioner.

(b)  The  Commissioner  may  before  granting  such  permission  require

the  owner  to  deposit  in  the  municipal  office  an  amount  sufficient  in  his
opinion to cover the cost of removal and such compensation, if any, as may
be payable to any successor in title or transferee of such building.

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Maharashtra Municipal Corporations Act

159

211.

(1) If any building or any part of a building abutting on a public
street  is  within  the  regular  line  of  the  street,  the  Commissioner  may,
whenever  it  is  proposed,—

Setting back
buildings to the
regular line of
the street.

(a) to rebuild such building or to take down such building to an extent
exceeding one-half thereof above the ground level, such half to be measured
in  cubic  feet ;  or

(b)  to  remove,  reconstruct  or  make  any  addition  to  or  structural
alteration in any portion of such building which is within the regular line
of  the  street,

in  any  order  which  he  issues  concerning  the  rebuilding,  alteration  or
repair, of such building, require such building to be set back to the regular
line  of  the  street.

(2) When any building or any part thereof within the regular line of
the street falls down or is burnt down or is taken down, whether under
the provisions of this Act or otherwise, the Commissioner may at once
take  possession  on  behalf  of  the  Corporation  of  the  portion  of  land
within  the  regular  line  of  the  street  theretofore  occupied  by  the  said
building and, if necessary, clear the same.

(3) Land acquired under this section shall thenceforward be deemed
a part of the public street and shall vest, as such, in the Corporation.

212.

(1) If any building or any part thereof is within the regular line
of a public street and if, in the opinion of the Commissioner, it is necessary
to  set  back  the  building  to  the  regular  line  of  the  street  he  may,  if  the
provisions  of  section  211  do  not  apply,  by  written  notice,—

(a) require  the  owner  of  such  building  to  show  cause  within  such
period as is specified in such notice by a statement in writing subscribed
by him or by an agent duly authorised by him in that behalf and addressed
to the Commissioner, why such building or any part thereof which is within
the regular line of the street shall not be pulled down and the land within
the  said  line  acquired  by  the  Commissioner ;  or

(b) require the said owner on such day and at such time and place as
shall be specified in such notice to attend personally or by an agent duly
authorised by him in that behalf and show cause why such building or any
part  thereof  which  is  within  the  regular  line  of  the  street  shall  not  be
pulled  down  and  the  land  within  the  said  line  acquired  by  the
Commissioner.

(2) If such owner fails to show sufficient cause to the satisfaction of the
Commissioner  why  such  building  or  any  part  thereof,  which  is  within  the
regular  line  of  the  street  shall  not  be  pulled  down  and  the  land  within  the
said line acquired as aforesaid the Commissioner may, with the approval of
the Standing Committee, require the owner by a written notice, to pull down
the building or the part thereof which is within the regular line of the street
within  such  period  as  is  prescribed  in  the  notice.

(3) If within such period the owner of such building fails to pull down
such  building  or  any  part  thereof  coming  within  the  said  line,  the
Commissioner may pull down the same and all the expenses incurred in so
doing shall be paid by the owner.

Additional
power of
Commissioner
to order setting
back of
buildings to
regular line of
street.

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Maharashtra Municipal Corporations Act

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Acquisition of
open land or
of land
occupied by
platforms,
etc., within
regular line of
street.

(4) The  Commissioner  shall  at  once  take  possession  on  behalf  of  the

Corporation  of  the  portion  of  the  land  within  the  said  line  theretofore

occupied by the said building, and such land shall thenceforward be deemed

a part of the public street and shall vest as such in the Corporation.

(5) Nothing in this section shall be deemed to apply to buildings vesting

in  the  1[Government].

213.

If  any  land  not  vesting  in  the  Corporation,  whether  open  or

enclosed,  lies  within  the  regular  line  of  a  public  street  and  is  not  occupied

by  a  building,  or  if  a  platform,  verandah,  step,  compound  wall,  hedge  or

fence  or  some  other  structure  external  to  a  building,  abutting  on  a  public

street  or  a  portion  of  a  platform,  verandah,  step,  compound  wall,  hedge  or

fence  or  other  such  structure,  is  within  the  regular  line  of  such  street,  the

Commissioner  may,  after  giving  to  the  owner  of  the  land  or  building  not

less  than  seven  clear  days'  written  notice  of  his  intention  to  do  so,  take

possession  on  behalf  of  the  Corporation  of  the  said  land  with  its  enclosing

wall, hedge or, fence, if any, or of the said platform, verandah, step or other

such structure as aforesaid or of the portion of the said platform, verandah,

step or other such structure as aforesaid which is within the regular line of

the  street  and,  if  necesary,  clear  the  same  and  the  land  so  acquired,  shall

thenceforward  be  deemed  a  part  of  the  public  street  :

Provided  that  when  the  land  or  building  is  vested  in  the

2[Government],  possession  shall  not  be  taken  as  aforesaid,  without  the

previous  sanction  of  the  Government  concerned  and,  when  the  land  or

building  is  vested  in  any  Corporation  constituted  by  any  law  for  the  time

being  in  force,  possession  shall  not  be  taken  as  aforesaid,  without  the

previous  sanction  of  the  3[State]  Government.

Acquisition of
the remaining
part of
building and
land after
their portions
within a
regular line of
the street are
required.

214.

(1)  If  a  building  or  land  is  partly  within  the  regular  line  of  a

public  street  and  if  the  Commissioner  is  satisfied  that  the  land  remaining

after  the  excision  of  the  portion  within  the  said  line  will  not  be  suitable  or

fit for any beneficial use, he may, at the request of the owner, acquire such

land in addition to the land within the said line and such surplus land shall

be  deemed  to  be  a  part  of  the  public  street  vesting  in  the  Corporation.

(2)  Such  surplus  land  may  thereafter  be  utilised  for  the  purpose  of

setting  forward  of  buildings  under  section  215.

215.

(1) If any building which abuts on a public street is in rear of the

regular line of such street, the Commissioner may, whenever it is proposed—

(a) to  rebuild  such  building ; or

Setting
forward of
buildings to
the line of the
street.

1 This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
2 This word was substituted for the word "Crown" by the Adaptation of Laws Order, 1950.
3 This  word  was  substituted  for  the  word  "Provincial",  by  the  Adaptation  of  Laws

Order, 1950.

1949 : LIX]

Maharashtra Municipal Corporations Act

161

(b) to  alter  or  repair  such  building  in  any  manner  that  will  involve
the removal or re-erection of such building, or of the portion thereof which
abuts  on  the  said  street  to  an  extent  exceeding  one-half  of  such  building
or  portion  thereof  above  the  ground  level,  such  half  to  be  measured  in
cubic  feet,

in any order which he issues concerning the rebuilding, alteration or repair
of  such  building,  permit  or,  with  the  approval  of  the  Standing  Committee,
require  to  be  set  forward  to  the  regular  line  of  the  street.

(2) For the purpose of this section, a wall separating any premises from
a public street shall be deemed to be a building ; and it shall be deemed to
be a sufficient compliance with a permission or requisition to set forward a
building  to  the  regular  line  of  a  street  if  a  wall  of  such  materials  and
dimensions as are approved by the Commissioner, is erected along the said
line.

216.

(1) Compensation shall be paid by the Commissioner to the owner
of any building or land required for a public street under sections 211, 212,
213 or 214 for any loss which such owner may sustain in consequence of his
building  or  land  being,  so  acquired  and  for  any  expense  incurred  by  such
owner  in  consequence  of  the  order  made  by  the  Commissioner :

Compensation
to be paid and
betterment
charges to be
levied.

Provided  that,—

(i)  any  increase  or  decrease  in  the  value  of  the  remainder  of  the
property  of  which  the  building  or  land  so  acquired  formed  part  likely
to  accrue  from  the  set  back  to  the  regular  line  of  the  street  shall  be
taken into consideration and allowed for in determining the amount of
such  compensation ;

(ii)  if  any  such  increase  in  value  exceeds  the  amount  of  loss
sustained  or  expenses  incurred  by  the  said  owner,  the  Commissioner
may  recover  from  such  owner  half  the  amount  of  such  excess  as  a
betterment  charge.

(2) If, in consequence of an order to set forward a building made by the
Commissioner  under  section  215,  the  owner  of  such  building  sustains  any
loss or damage, compensation shall be paid to him by the Commissioner for
such loss or damage after taking into account any increase in value likely to
accrue  from  the  set  forward.

(3) If  the  additional  land  which  will  be  included  the  premises  of  any
person  required  or  permitted  under  section  215  to  set  forward  a  building
belongs to the Corporation, the order or permission of the Commissioner to
set forward the building shall be sufficient conveyance to the said owner of
the said land  ; and the price to be paid to the Corporation by the said owner
for such additional land and the other terms and conditions of the conveyance
shall  be  set  forth  in  the  said  order  or  permission.

(4) If,  when  the  Commissioner  requires  a  building  to  be  set  forward,
the  owner  of  the  building  is  dissatisfied  with  the  price  fixed  to  be  paid  to
the  Corporation  or  any  of  the  other  terms  or  conditions  of  the  conveyance,
the Commissioner shall upon the application of the said owner at any time
within  fifteen  days  after  the  said  terms  and  conditions  are  communicated
to  him,  refer  the  case  for  the  determination  of  the  Judge.

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Maharashtra Municipal Corporations Act

 [1949 : LIX

Notice to be
given to
Commissioner
of intention to
layout lands
for buildings
and for
private
streets.

Commissioner
may call for
further
particulars.

Provisions  regarding  Private  Streets.

217. Every  person  who  intends,—

(a) to sell or let on lease any land subject to a covenant or agreement

on  the  part  of  a  purchaser  or  lessee  to  erect  buildings  thereon,

(b) to divide land (whether unbuilt or partly built) into building plots,

(c) to use any land or a portion thereof or permit the same to be used

for  building  purposes,  or

(d)  to  make  or  lay  out  a  private  street,  whether  it  is  intended  to

allow the public a right of passage or access over such street or not,

shall  give  written  notice,  of  his  intention  to  the  Commissioner  and  shall,
along  with  such  notice,  submit  plans  and  sections,  showing  the  situation
and  boundaries  of  such  building  land  and  the  site  of  the  private  street  (if
any) and also the situation and boundaries of all other lands of such person
of  which  such  building  land  or  site  forms  a  part  and  the  intended
development,  laying  out  and  plotting  of  such  building  land  including  the
dimensions  and  area  of  each  building  plot  and  also  the  intended  level,
direction,  width,  means  of  drainage,  paving,  metalling  and  lighting  of  such
private  street,  the  provisions  for  planting  and  rearing  of  trees  beside  such
private streets and the height and means of drainage and ventilation of the
building or buildings proposed to be erected on the land, and if any building
when  erected  will  not  about  on  a  street  then  already  existing  or  then
intended  to  be  made  as  aforesaid,  the  means  of  access  from  and  to  such
building and the manner of paving, metalling, draining and lighting of such
means  of  access.

218.

If any notice under section 217 does not supply all the information
which the Commissioner deems necessary to enable him to deal satisfactorily
with  the  case  or  if  any  such  notice  given  for  any  of,  or  all,  the  purposes
mentioned  in  clause  (a),  (b)  or  (c)  of  the  said  section  does  not  contain  any
proposal  or  intention  to  make  or  lay  out  a  private  street,  he  may,  at  any
time  within  thirty  days  after  receipt  of  the  said  notice,  by  written  notice
require  the  person  who  gave  the  said  notice—

(a) to  furnish  the  required  information  together  with  all  or  any  of

the  documents  specified  in  the  rules,  or

(b) to revise any or all the schemes submitted under the said clause
(a),  (b)  or  (c)  so  as  to  provide  for  the  making  or  laying  out  of  a  private
street,  or  private  streets  of  such  width  or  widths  as  he  may  specify  in
addition  to  or  in  substitution  of  any  means  of  access  proposed  to  be
provided  in  such  scheme  or  schemes  and  to  furnish  such  further
information and documents relating to the revised scheme or schemes as
he  may  specify.

Commissioner
may require
plans to be
prepared by
licensed
surveyor.

219. The  Commissioner  may  decline  to  accept  any  plan,  section  or
description  as  sufficient  for  the  purposes  of  section  217  or  218  which  does
not  bear  the  signature  of  a  licensed  surveyor  in  token  of  its  having  been
prepared  by  such  surveyor  or  under  his  supervision.

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Maharashtra Municipal Corporations Act

163

220.

(1) The laying out of land for building, the dimensions, and area
of  each  building  plot,  the  level,  direction,  width  and  means  of  drainage  of
every private street, the kind and number of trees to be planted and reared
beside such streets and the height and means of drainage and ventilation of
and access to all buildings to be erected on such land or either side of such
street  shall  be  fixed  and  determined  by  the  Commissioner  subject  to  such
general directions as the Standing Committee may give in this behalf from
time to time with the general object of securing sanitary conditions, amenity
and  convenience  in  connection  with  the  laying  out  and  use  of  the  land  and
of any neighbouring lands, and also with the object that the proposed private
street may not conflict with any arangment which have been made or which
are,  in  the  opinion  of  the  Commissioner,  likely  to  be  made  for  carrying  out
any general scheme of new streets or of improvements of existing streets in
the  locality :

Provided that if, within sixty days after the receipt by the Commissioner
of any notice under section 217 or of the plans, sections, descriptions, scheme
or further information, if any, called for under section 218, the disapproval
by  the  Commissioner  with  regard  to  any  of  the  matters  aforesaid  specified
in such notice has not been communicated to the person who gave the same,
the proposals of the said person shall be deemed to have been approved by
the  Commissioner.

(2)  When  the  Commissioner  signifies  in  writing  to  the  said  person  his
approval of the said work under certain conditions or without any conditions,
or when the said work is deemed to have been approved by the Commissioner
as aforesaid, the said person may at any time within one year from the date
of the delivery of the notice under section 217 to the Commissioner, proceed
with  the  said  work  in  accordance  with  the  intention  as  described  in  the
notice  or  in  any  of  the  documents  aforesaid  and  in  accordance  with  the
conditions,  if  any,  prescribed  by  the  Commissioner,  but  not  so  as  to
contravene any of the provisions of this Act or any rule or bye-law.

221.  (1)  No  person  shall  sell,  let,  use  or  permit  the  use  of  any  land
whether  undeveloped  or  partly  developed  for  building  or  divide  any  such
land into building plots, or make or lay out any private street,—

(a)  unless  such  person  has  given  previous  written  notice  of  his
intention as provided in section 217 not until the expiration of sixty days
from delivery of such notice, nor otherwise than in accordance with such
directions  (if  any)  as  may  have  been  fixed  and  determined  under  sub-
section (1) of section 220  ;

(b)  after  the  expiry  of  the  period  of  one  year  specified  in  sub-

section (2) of section 220  ;

(c)  unless  such  person  gives  written  notice  to  the  City  Engineer  of
the  date  on  which  he  proposes  to  proceed  with  any  work  which  he  is
entitled to carry out and commences such work within seven days of the
date  mentioned  in  the  notice.

Laying out of
land
dimensions and
area of each
building plot
laying out of
private streets
and buildings
and heights of
buildings to be
determined by
Commissioner.

Land not to be
appropriated
for building and
private street
not to be laid
out until
expiration of
notice nor
otherwise than
in accordance
with
Commissioer’s
directions.

H  610-24

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Maharashtra Municipal Corporations Act

 [1949 : LIX

(2) If any act be done or permitted in contravention of this section, the
Commissioner may by written notice require any person doing or permitting
such  act—

(a) to show cause on or before such day as shall be specified in such
notice  by  statement  in  writing  subscribed  by  him  in  that  behalf  and
addressed  to  the  Commissioner,  why  the  laying  out,  plotting,  street  or
building contravening this section should not be altered to the satisfaction
of the Commissioner, or, if that be in his opinion impracticable, why such
street  or  building  should  not  be  demolished  or  removed  or  why  the  land
should  not  be  restored  to  the  condition  in  which  it  was  prior  to  the
execution  of  the  unauthorised  work,  or

(b) to attend personally or by an agent duly authorised by him in that
behalf on such day and at such time and place as shall be specified in such
notice  and  show  cause  as  aforesaid.

(3) If  such  person  shall  fail  to  show  cause  to  the  satisfaction  of  the
Commissioner  why  such  street  or  building  should  not  be  so  altered,
demolished  or  removed  or  why  such  land  should  not  be  so  restored,  the
Commissioner  may  cause  the  work  of  alteration,  demolition,  removal  or
restoration  to  be  carried  out  and  the  expenses  thereof  shall  be  paid  by  the
said  person.

222.

If a person who is entitled to proceed with any work under section
220 fails so to do within the period of one year specified therein he may at
any  time  give  fresh  notice  of  his  intention  to  execute  such  work  and  such
notice shall be treated as a new notice under section 217.

223.

If  any  private  street  or  any  other  means  of  access  to  a  building
be  not  levelled,  metalled,  flagged  or  paved,  sewered,  drained,  channelled,
lighted  or  provided  with  trees  for  shade  to  the  satisfaction  of  the
Commissioner,  he  may,  with  the  sanction  of  the  Standing  Committee,  by
written notice, require the owner or owners of the several premises fronting
or adjoining the said street or other means of access or abutting thereon or
to which access is obtained through such street or other means of access or
which  will  benefit  by  works  executed  under  this  section  to  carry  out  any
one or more of the aforesaid requirements in such manner as he shall direct.

Renewal of
notice of
intention to
carry out
works not
executed in
pursuance of
approval
given under
section 220.

Levelling and
draining of
private
streets and
means of
access.

Power to
declare
private
streets when
sewered, etc.,
public
streets.

224. When  any  private  street  has  been  levelled,  metalled,  flagged  or
paved,  sewered,  drained,  channelled  and  made  good  to  the  satisfaction  of
the Commissioner, he may and, upon the request of the owners or of any of
the  owners,  of  such  street,  shall,  if  lamps,  lamp-posts  and  other  apparatus
necessary  for  lighting  such  street  have  been  provided  to  his  satisfaction
and if all land revenue payable to the 1[State] Government in respect of the
land comprised in such street has been paid, declare the same to be a public

1 This word was substituted for the word " Provincial" by the Adaptation of Laws Order, 1950.

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Maharashtra Municipal Corporations Act

165

Applicability  of
sections  223
and 224 when a
street is in part
public and in
part private.

Prohibition of
projections
upon streets,
etc.

street by notice in writing put up in any part of such street, and thereupon

the same shall become a public street and vest in the Corporation as such :

Provided  that  no  such  street  shall  become  a  public  street  if,  within  one

month  after  such  notice  has  been  put  up,  the  owner  of  such  street  or  the

greater  part  thereof  shall,  by  notice  in  writing  to  the  Commissioner,  object

thereto.

225.

If a portion only of any street is a public street, the other portion of

such  street  may  for  all  purposes  of  sections  223  and  224  be  deemed  to  be

private  street.

Projections  and  Obstructions.

226.

(1) Except as provided in section 227, no person shall erect, setup,

add to, or place against or in front of any premises any structure or fixture,

which  will,—

(a)  overhang,  jut  or  project  into,  or  in  any  way  encroach  upon,  or

obstruct  in  any  way  the  safe  or  convenient  passage  of  the  public  along,

any  street,  or

(b) jut or project into or encroach upon any drain or open channel in

any street, so as in any way to interfere with the use or proper working of

such  drain  or  channel  or  to  impede  the  inspection  or  cleansing  thereof.

(2) The  Commissioner  may,  by  written  notice,  require  the  owner  or

occupier  of  any  premises  to  remove  or  to  take  such  other  order  as  he  may

direct with any structure or fixture which has been erected, setup, added to

or  placed  against,  or  in  front  of,  the  said  premises  in  contravention  of  this

section or of any law in force in the City on the day immediately preceding

the  appointed  day.

(3) If the occupier of the said premises removes or alters any structure

or  fixture  in  accordance  with  such  notice,  he  shall  be  entitled,  unless  the

structure  or  fixture  was  erected,  set-up  or  placed  by  himself,  to  credit  in

account with the owner of the premises for all reasonable expenses incurred

by him in complying with the said notice.

(4) If  any  such  structure  or  fixture  as  is  described  in  sub-section  (1)

has  been  erected,  set-up,  added  to,  or  placed  against  or  in  front  of  any

premises  at  any  time  before  the  first  day  of  April  1901,  the  Commissioner

may give notice as aforesaid to the owner or occupier of the said premises :

Provided that, if in any such case the structure or fixture was lawfully

erected,  set-up,  added  to  or  placed,  compensation  shall  be  paid  by  the

Commissioner to every person who sustains loss or damage by the removal

or  alteration  thereof.

H  610-24a

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Maharashtra Municipal Corporations Act

 [1949 : LIX

Projections
over streets
may be
permitted in
certain cases.

227.

(1)  The  Commissioner  may  give  a  written  permission,  on  such

terms  as  he  shall  in  each  case  think  fit,  to  the  owner  or  occupier  of  any

building  abutting  on  any  street,—

(a)  to  erect  an  arcade  over  such  street  or  any  portion  thereof,  or

(b) to put up a verandah, balcony, arch, connecting passage, sun-shed,

weather-frame,  canopy,  awning,  or  other  such  structure  or

thing  projecting  from  any  storey  over  or  across  any  street  or  portion

thereof :

Provided that no permission shall be given by the Commissioner for

the erection of an arcade in any public street in which the construction of

arcade  has  not  been  generally  sanctioned  by  the  Corporation.

(2) The  provisions  of  section  226  shall  not  be  deemed  to  apply  to  any

arcade,  verandah,  balcony,  arch,  connecting  passage,  sun-shade,  weather-

frame, canopy, awning or other structure or thing re-erected or put up under

and in accordance with the terms of a permission granted under this section.

(3) The  Commissioner  may  at  any  time  by  written  notice  require  the

owner or occupier of any building to remove a verandah, balcony, sun-shade,

weather-frame  or  the  like  put  up  in  accordance  with  the  provisions  of  sub-

section  (1)  and  such  owner  or  occupier  shall  be  bound  to  take  action

accordingly but shall be entitled to compensation for the loss caused to him

by  such  removal  and  the  cost  incurred  thereon.

Ground floor
doors, etc.,
not to open
outwards on
streets.

228. The  Commissioner  may  at  any  time,  by  written  notice,  require

the owner of any premises on the ground-floor of which any door, gate, bar

or window opens outwards upon a street, or upon any land required for the

improvement  of  a  street  in  such  manner  as,  in  the  opinion  of  the

Commissioner, to obstruct the safe or convenient passage of the public along

such street, to have the said door, gate, bar or window altered so as not to

open  outwards.

Prohibition of
structures or
fixtures which
cause
obstruction in
streets.

Prohibition of
deposit, etc.,
of things in
streets.

229.

(1)  No  person  shall,  except  with  the  prermission  of  the

Commissioner under section 227 or 234, erect or set-up any wall, fence, rail,

post,  step,  booth  or  other  structure  whether  fixed  or  movable  and  whether

of a permanent or a temporary nature, or any fixture in or upon any street

or upon or over any open channel, drain, well or tank in any street so as to

form an obstruction to, or an encroachment upon or a projection over, or to

occupy,  any  portion  of  such  street,  channel,  drain,  well  or  tank.

(2) Nothing in this section shall be deemed to apply to any erection or

thing to which clause (c) of sub-section (1) of section 239 applies.

230.

(1)  No  person  shall,  except  with  the  written  permission  of  the

Commissioner,—

(a) place or deposit upon any street, or upon any open channel, drain

or  well  in  any  street  or  in  any  public  place  any  stall,  chair,  bench,  box,

1949 : LIX]

Maharashtra Municipal Corporations Act

167

ladder, bale, or other thing whatever so as to form an obstruction thereto

or  encroachment  thereon  ;

(b) project,  at  a  height  of  less  than  twelve  feet  from  the  surface  of

the street, any board or chair, beyond the line of the plinth of any building

over any street, or over any open channel, drain, well or tank in any street ;

(c) attach  to,  or  suspend  from,  any  wall  or  portion  of  a  building

abutting on a street, at a lower height than aforesaid anything whatever.

(2) Nothing in clause (a) of sub-section (1) applies to building materials.

231. The  Commissioner  may,  without  notice,  cause  to  be  removed,—

(a) any wall, fence, rail, post, step, booth or other structure whether

fixed  or  movable  and  whether  of  a  permanent  or  a  temporary  nature,  or

any fixture which shall be created or set up in or upon or over any street

or  upon  or  over  any  open  channel,  drain,  well  or  tank  contrary  to  the

provisions  of  this  Act  after  the  appointed  day  ;

(b) any  stall,  chair,  bench,  box,  ladder,  bale,  board  or  shelf,  or  any

other thing whatever placed, deposited, projected, attached or suspended

in, upon from or to any place in contravention of this Act ;

(c) any  article  whatsoever  hawked  or  exposed  for  sale  in  a  public

place or in any public street in contravention of the provisions of this Act

and any vehicle, package, box or any other thing in or on which such article

is  placed.

Commissioner
may, without
notice remove
anything
erected,
deposited or
hawked or
exposed for sale
in
contravention
of Act.

232. The  Commissioner  may,  by  written  notice,  require  the  owner  or

occupier of any premises contiguous to, or in front of, or in connection with

which  any  wall,  fence,  rail,  post,  step,  booth  or  other  structure  or  fixture

which it would be unlawful to erect or set-up under this Act, has been erected

or  set-up  before  the  appointed  day,  to  remove  the  said  wall,  fence,  rail,

Power to
require removal
of any structure
or fixture
erected or set-
up before the
appointed day.

post,  step,  stall  or  other  structure  or  thing:

Provided  that,  if  in  any  such  case  the  structure  or  fixture  shall  have

been  lawfully  erected  or  set-up,  compensation  shall  be  paid  by  the

Commissioner to every person who sustains loss or damage by the removal

or  alteration  thereof.

233.

(1)  No  person  shall  tether  any  animal  or  cause  or  permit  the

same to be tethered by any member of his family or household, in any public

street.

(2)  Any  animal  tethered  as  aforesaid  may  be  removed  by  the

Commissioner,  or  by  any  municipal  officer  or  servant,  and  made  over  to  a

police  officer,  or  may  be  removed  by  a  police  officer  who  shall  deal  there

with as with an animal found straying.

Prohibition of
tethering of
animals in
public streets.

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Maharashtra Municipal Corporations Act

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Temporary  Erections  on  Streets  during  Festivals.

Commissioner
may permit
booths, etc., to
be erected on
streets on
festivals.

234.

1[  With  the  concurrence,  in  any  area  for  which  a  Commissioner
of  Police  has  been  appointed,  of  the  Commissioner  of  Police  or  any  officer
nominated  by  him  and  elsewhere,  of  the  District  Magistrate  or  any  officer
nominated  by  him,]  the  Commissioner  may  grant  a  written  permission  for
the temporary erection of a booth and any other such structure on any street
on  occasions  of  ceremonies  and  festivals.

Street when
broken up for
any municipal
purposes to be
restored
without delay.

Commissioner
may close
streets in
which work is
in progress.

Provisions  concerning  Execution  of  Works  in  or  near  to  Streets.

235. Wherever the soil or pavement of any street is opened or broken
up by or under the order of the Commissioner, or of any municipal officer or
servant,  for  the  execution  of  any  work  on  behalf  of  the  Corporation,  the
work  on  account  of  which  the  same  shall  have  been  opened  or  broken  up
shall  be  completed  and  the  soil  or  pavement  filled  in,  reinstated  and  made
good with all convenient speed ; and on completion of the work, the surplus
of earth and materials, if any, excavated and all rubbish occasioned thereby
shall  be  removed  without  delay.

236.

(1) The Commissioner may, whilst any such work as aforesaid or
any work which may lawfully be executed in any street is in progress, direct
that the said street shall be wholly or partially closed for traffic or for traffic
of  such  description  as  he  shall  think  fit ;  and  shall  set  up  a  conspicuous
position  an  order  prohibiting  traffic  to  the  extent  so  directed,  and  fix  such
bars,  chains  or  posts  across  or  in  the  street  as  he  shall  think  proper  for
preventing  or  restricting  traffic  therein.

(2)  No  person  shall,  without  the  permission  of  the  Commissioner  or
without  other  lawful  authority,  remove  any  bar,  chain  or  post  so  fixed  or
infringe  any  order  prohibiting  traffic  so  set  up.

Commissioner
to provide for
traffic, etc.,
pending
execution of
municipal
work in any
street.

237. Whilst the execution of any work on behalf of the Corporation is
in progress in any street, the Commissioner shall, so far as may be reasonably
practicable, make adequate provision for the passage or diversion of traffic,
for securing access to all premises approached from such street, and for any
drainage,  water-supply,  or  means  of  lighting  which  may  be  interrupted  by
reason  of  the  execution  of  the  said  work.

Precautions to
be taken for
public safety
whilst
municipal
works are in
progress in
any street.

238.

(1) Whilst the execution of any work on behalf of the Corporation

is  in  progress  in  any  street,  the  Commissioner  shall—

(a)  take  proper  precaution  for  guarding  against  accident  by  shoring

up  and  protecting  the  adjoining  buildings  ;

(b)  have  any  place  where  the  soil  or  pavment  has  been  opened  or

broken  up,  fenced  and  guarded  ;

(c)  have  a  light  sufficient  for  the  warning  of  passengers  set  up  and
kept  every  night  against  any  such  place  and  against  any  bars,  chains  or
posts set up under section 236 for so long as such place shall be continued
open or broken up, or such bars, chains or posts shall remain set up.

1 This portion was substituted for the original portion by Bom. 56 of 1959, s. 3, Sch.

1949 : LIX]

Maharashtra Municipal Corporations Act

169

(2) No person shall, without the written permission of the Commissioner
or  without  other  lawful  authority,  remove  any  shoring  timber  or  fence,  or
remove  or  extinguish  any  light  employed  or  set  up  for  any  of  the  purposes
of  this  section.

239.

(1) No person other than the Commissioner or a municipal officer
or  servant  shall,  without  the  written  permission  of  the  Commissioner  or
without  other  lawful  authority,—

(a)  open,  break  up,  displace,  take  up  or  make  any  alteration  in,  or
cause any injury to, the soil or pavement, or any wall, fence, posts, chain
or  other  material  or  thing  forming  part  of  any  street ;

Streets not to
be opened or
broken up and
building
materials  not
to be deposited
thereon without
permission.

(b) deposit any building materals in any street ; or

(c) set  up  in  any  street  any  scaffold  or  any  temporary  erection  for
the  purpose  of  any  work  whatever,  or  any  posts,  bars,  rails,  boards  or
other  things  by  way  of  enclosure,  for  the  purpose  of  making  mortar  or
depositing  bricks,  lime,  rubbish  or  other  materials.

(2) Any  permission  granted  under  clause  (b)  or  (c)  of  sub-section  (1)
shall be terminable at the discretion of the Commissioner, on his giving not
less  than  twenty-four  hours’  written  notice  of  the  termination  thereof  to
the  person  to  whom  such  permission  was  granted.

(3) Except  in  cases  in  which  permission  has  been  applied  for  under
clause (b) of sub-section (1) for the deposit of building materials in any street
and no reply has been sent to the applicant within seven days from the date
of  the  application,  the  Commissioner  may,  without  notice,  cause  to  be
removed any building materials, or any scaffold, or any temporary erection,
or any posts, bars, rails, boards or other things by way of enclosure, which
have  been  deposited  or  set  up  in  any  street  without  the  permission  or
authority specified in sub-section (1) or which, having been deposited or set
up  with  such  permission  or  authority,  have  not  been  removed  within  the
period  specified  in  the  notice  issued  under  sub-section  (2).

240. Any  person  to  whom  any  permission  is  granted  under  section
239  shall,  at  his  own  expense,  cause  the  place  where  the  soil  or  pavement
has been opened or broken up or where he has deposited building materials,
or  set  up  any  scaffold,  erection  or  other  thing,  to  be  properly  fenced  and
guarded, and, in all cases in which the same is necessary to prevent accidents,
shall cause such place to be well lighted during the night.

241.

(1)  Every  person  to  whom  permission  is  granted  under  section
239  to  open  or  break  up  the  soil  or  pavement  of  any  street,  or  who,  under
other lawful authority, opens or breaks up the soil or pavement of any street,
shall with all convenient speed complete the work for which the same shall
be opened or broken up, and fill in the ground and reinstate and make good
the  street  or  pavement  so  opened  or  broken  up  without  delay  to  the
satisfaction  of  the  Commissioner.

Precautions for
public safety to
be taken by
persons to
whom
permission  is
granted under
section 239.

Persons to
whom
permission  is
granted under
section 239
must  reinstate
streets, etc.

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Maharashtra Municipal Corporations Act

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Provisions to
be made by
persons
granted
permission
under section
239 for traffic,
etc.

Buildings at
corners of
streets.

(2) If the said person shall fail to reinstate and make good the street or

pavement  as  aforesaid,  the  Commissioner  may  restore  such  street  or

pavement, and the expenses incurred by the Commissioner in so doing shall

be paid by the said person.

242. The  Commissioner  may,  by  written  notice,  require  any  person

to  whom  permission  is  granted  under  section  239  to  open  or  break  up  the

soil or pavement of any street, or whom, under any other lawful authority,

opens  or  breaks  up  the  soil  or  pavement  of  any  street  for  the  purpose  of

executing any work, to make provision to his satisfaction for the passage or

diversion  of  traffic  for  securing  access  to  the  premises  approached  from

such  street  and  for  any  drainage,  water-supply  or  means  of  lighting  which

may  be  interrupted  by  reasons  of  the  execution  of  the  said  work.

243.

(1)  The  Commissioner  may,  with  the  approval  of  the  Standing

Committee,  require  by  written  order  the  corner  of  any  building  which  has

already  been  erected  or  which  is  to  be  newly  erected  or  which  is  to  be

reconstructed  or  repaired  and  which  is  situated  at  the  junction  of  two  or

more streets to be rounded or splayed off to such height and in such manner

as he may determine and may also in such order impose such conditions as

he  deems  necessary  as  to  the  construction  of  a  compound  wall  or  fence  or

hedge or any other structure whatsoever or the planting or retention of any

tree  on  the  premises  appurtenant  to  such  building.

(2)  Compensation  shall  be  paid  by  the  Commissioner  for  any  loss  or

damage caused by the issue of an order under sub-section (1).

1[Provision  for  parking  or  halting  places  or  lots.

Provision for
parking or
halting places
or lots and
fees or
charges
therefor.

243A.

(1)  The  Commissioner  may,  in  consultation  with  the

Commissioner  of  Police,  or  where  there  is  no  Commissioner  of  Police,  the

police  officer  who  ranks  highest  in  the  hierarchy  of  policy  officers  in  the

Corporation area, from time to time, earmark such places as he thinks fit to

be the parking or halting places or lots for vehicles on any part of a public

street  or  public  place.

(2) The Commissioner may charge such fees or charges from any person

for use of such place or lot by him for parking or halting a vehicle, for each

day or part thereof, subject to such terms and conditions as the Commissioner

may  think  fit,  with  the  approval  of  the  Corporation.]

1. This heading and section 243A was inserted by Mah. 13 of 1992, s. 3.

1949 : LIX]

Maharashtra Municipal Corporations Act

171

Regulations
as to sky-
signs.

Sky-signs  and  Advertisements.

244.

(1)  No  person  shall,  without  the  written  permission  of  the

Commissioner,  erect,  fix  or  retain  any  sky-sign  of  the  kind  prescribed  by
rules whether existing on the appointed day or not.  1[Where a sky-sign is a

poster depicting any scence from a cinematographic film, stage play or other

stage  performance,  such  permission  shall  not  be  granted,  unless  prior

scrutiny  of  such  poster  is  made,  by  the  Commissioner  and  he  is  satisfied

that  the  erection  or  fixing  of  such  poster  is  not  likely  to  offend  against
decency  or  morality.  A  permission  under  this  section]  2[may  be  granted  or

renewed  for  a  period  not  exceeding  two  years]  from  the  date  of  each  such

permission  or  renewal,  subject  to  the  condition  that  such  permission  shall

be deemed to be void if,—

(a)  any  addition  is  made  to  the  sky-sign  except  for  the  purpose  of

making  it  secure  under  the  direction  of  the  City  Engineer  ;

(b) any change is made in the sky-sign, or any part thereof ;

(c) the sky-sign or any part thereof fall either through accident, decay

or any other cause  ;

(d) any  addition  or  alteration  is  made  to,  or  in,  the  building  or

structure  upon  or  over  which  the  sky-sign  is  erected,  fixed  or  retained,

involving  the  disturbance  of  the  sky-sign  or  any  part  thereof ;

(e) the  building  or  structure  upon  or  over  which  the  sky-sign  is

erected,  fixed  or  retained  becomes  unoccupied  or  be  demolished  or

destroyed.

(2) Where  any  sky-sign  shall  be  erected,  fixed  or  retained  after  the

appointed day upon or over any land, building or structure, save and except

as  permitted  as  hereinbefore  provided,  the  owner  or  person  in  occupation

of such land, building or structure shall be deemed to be the person who has

erected,  fixed  or  retained  such  sky-sign  in  contravention  of  the  provisions

of this section, unless he proves that such contravention was committed by

a  person  not  in  his  employment  or  under  his  control,  or  was  committed

without  his  connivance.

(3) If  any  sky-sign  be  erected,  fixed  or  retained  contrary  to  the

provisions  of  this  section,  or  after  permission  for  the  erection,  fixing  or

retention  thereof  for  any  period  shall  have  expired  or  become  void,  the

Commissioner  may,  by  written  notice,  require  the  owner  or  occupier  of  the

land, building or structure, upon or over which the sky-sign is erected, fixed

or  retained,  to  take  down  and  remove  such  sky-sign.

1. These words were substituted for the words “Such written permission” by  Mah. 42 of 1976,

s. 20.

2. These words were substituted for the words “shall be granted or renewed, for any period

exceeding two years” by Bom. 18 of 1953, s. 3 and Second Schedule.

H  610—25

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Maharashtra Municipal Corporations Act

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Regulation
and control of
advertise-
ment.

245.

(1) The Commissioner may, by notice in writing, require the owner

or the person in occupation of any land, building, wall, hoarding or structure

to take down or remove, within such period as is specified in the notice, any

advertisement  upon  such  land,  building,  wall,  hoarding  or  structure.

(2) If  the  advertisement  is  not  taken  down  or  removed  within  such

period,  the  Commissioner  may  cause  it  to  be  taken  down  or  removed,  and

the  expenses  reasonsably  incurred  on  the  taking  down  or  removal  thereof

shall be paid by such owner or person.

(3) 1[Except  in  case  of  posters  depicting  any  scene  from  a

cinematographic film, stage play or other stage performance, the provisions

of  this  section]  shall  not  apply  to  any  advertisement  which,—

(a) is  exhibited  within  the  window  of  any  building ;

(b) relates  to  the  trade  or  business  carried  on  within  the  land  or

building  upon  which  such  advertisement  is  exhibited  or  to  any  sale  or

letting  of  such  land  or  building  or  any  effects  therein,  or  to  any  sale,

entertainment or meeting to be held upon or in the same  ;

(c) relates  to  the  business  of  any  railway  administration  ;

(d) is exhibited within any railway station or upon any wall or other

property of a railway administration, except any portion of the surface of

such  wall  or  property  fronting  any  street.

Dangerous  places  and  places  where  some  work  affecting  human  safety  or

convenience  is  carried  on.

Hoards to be
set up during
work on any
building
adjacent to
streets.

246.

(1)  No  person  who  proposes  to  build,  take  down  or  rebuild  any

building or wall, or to alter or repair any part of any building or wall, shall,

in  any  case  in  which  the  footway  in  any  adjacent  street  will  be  thereby

obstructed  or  rendered  less  convenient,  commence  doing  so  without  first

having  caused  to  be  put  up  a  proper  and  sufficient  hoard  or  fence,  with  a

convenient  platform  and  hand-rail  if  there  be  room  enough  for  the  same

and the Commssioner shall think the same desirable, to serve as a footway

for  passengers  outside  of  such  hoard  or  fence.

(2) No  hoard  or  fence  shall  so  put  up  without  the  previous  written

permission  of  the  Commissioner,  and  every  such  hoard  or  fence,  put  up

with  such  permission,  with  such  platform  and  hand-rail  as  aforesaid,  shall

be continued standing and maintained in good condition to the satisfaction

of  the  Commissioner,  by  the  person  who  carries  on  the  work,  during  such

time as may be necessary for the public safety and convenience ; and, in all

1.  These  words  were  substituted  for  the  words  “The  provisions  of  this  section”  by

Mah. 42 of 1976, s. 21.

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Maharashtra Municipal Corporations Act

173

cases  in  which  the  same  is  necessary  to  prevent  accidents,  the  said  person

shall cause such hoard or fence to be well lighted during the night.

(3) The  Commissioner  may,  by  written  notice,  require  the  person

aforesaid to remove any hoard or fence so put up.

247.

(1) If any place is, in the opinion of the Commissioner, from want

of  sufficient  repair,  protection  or  enclosure  or  owing  to  some  work  being

carried on thereupon, dangerous to passengers along a street, or to persons

who  have  lawful  access  thereto  or  to  the  neighbourhood  thereof  or  if  any

such  work,  in  the  opinion  of  the  Commissioner,  affects  the  safety  or

convenience of such persons, he may, by notice in writing require the owner

or  occupier  thereof  to  repair,  protect  or  enclose  the  said  place  or  take  such

other setp as shall appear to the Commissioner necessary, in order to prevent

Commissioner
to take
proceedings for
repairing or
enclosing
dangerous
places or places
where some
work affecting
safety or
convenience is
carried on.

danger  therefrom  or  to  ensure  safety  or  convenience  of  such  persons.

(2) The Commissioner may, before giving any such notice or before the

period of any such notice has expired, take such temporary measures as he

thinks  fit  to  prevent  danger  from  the  said  place  or  to  ensure  safety  or

convenience  at  such  work  and  any  expense  incurred  by  the  Commissioner

in taking such temporary measure shall be paid by the owner or occupier of

the  place  to  which  the  said  notice  refers.

248.

(1)  No  person  who  proposes  to  take  down  a  building  or  a  part

thereof,  shall  commence  doing  so  without  providing,  in  addition  to  such

hoard  or  fence  which  he  may  be  required  to  provide  under  section  246,

screens  extending  to  the  full  height  of  such  building  on  all  sides  thereof  so

as to prevent pollution of the surrounding air with dust or injury or damage

Protective
measures
during
demolition
work.

caused by the falling of any debris, bricks, wood and other material.

(2)  If  any  such  work  is  commenced  in  contravention  of  sub-section  (1),

the  Commissioner  may  cause  it  to  be  stopped  forthwith  and  any  person

carrying  it  out  to  be  removed  from  the  premises  by  a  police  officer.

Lighting  of  Streets.

249.

(1)  The  Commissioner  shall,—

Public streets
to be lighted.

(a) take measures for lighting in a suitable manner the public streets,

municipal  gardens  and  open  spaces  and  municipal  markets  and  all

buildings  vesting  in  the  Corporation  ;

(b) procure,  erect  and  maintain  such  number  of  lamps,  lamp-posts

and other appurtenances as may be necessary for the said purpose  ; and

H  610—25a

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Maharashtra Municipal Corporations Act

 [1949 : LIX

(c) cause such lamps to be lighted by means of oil, gas, electricity or

such  other  light  as  the  Corporation  shall  from  time  to  time  determine.

(2)  The  Commissioner  may  place  and  maintain  electric  wires  for  the

purpose of lighting such lamps under, over, along or across, and posts, poles,

standards,  stays,  struts,  brackets  and  other  contrivances  for  carrying,

suspending or supporting lamps or electric wires in or upon any immovable

property  without  being  liable  to  any  claim  for  compensation  thereat :

Provided that such wires, posts, poles, standards, stays, struts, brackets

and other contrivances shall be so placed as to occasion the least practicable

inconvenience  or  nuisance  to  any  person.

Measures for
watering
streets.

Watering  of  Streets.

250. The  Commissioner  may,—

(a) take measures for having the public streets watered at such time

and seasons in such manner as he shall think fit ;

(b) procure  and  maintain  such  vehicles,  animals  and  apparatus  as

he shall think fit for the said purpose.

Miscellaneous.

Prohibition of
removal, etc.,
of lamps or
any other
municipal
property on
streets.

251. No person shall, without lawful authority, take away or wilfully

break,  throw  down  or  damage,—

(a) any lamps, lamp-post or lamps-iron set up in any public street or

in any municipal garden, open space or market or building vesting in the

Corporation ;

(b) any electric wire for lighting any such lamp  ;

(c) any post, pole, standard, stay, strut, bracket or other contrivance

for  carrying,  suspending  or  supporting  any  such  electric  wire  or  lamp ;

(d) any  property  of  the  Corporation  on  any  street ;

and  no  person  shall  wilfully  extinguish  the  light  or  damage  and

appurtenance of any such lamp.

Persons
accidentally
breaking
lamps, etc., to
repair the
damage.

252.

If  any  person  shall,  through  negligence  or  accident,  break  any

lamp set up in any public street or municipal market, garden or public place

or building vesting in the Corporation or shall break or damage any property

of the Corporation on any street, he shall pay the expenses of repairing the

damage so done by him.

1949 : LIX]

Maharashtra Municipal Corporations Act

175

CHAPTER  XV.

BUILDING REGULATIONS.

Notices  regarding  Erection,  etc.,  of  Buildings.

253.

(1)  Every  person  who  shall  intend  to  erect  a  building  shall  give
to  the  Commissioner  notice  of  his  said  intention  in  the  form  prescribed  in
the  by-laws  and  containing  all  such  informations  as  may  be  required  to  be
furnished  under  the  by-laws.

Notice to be
given to
Commissioner
of intention to
erect building.

(2) Every such notice shall be signed in the manner prescribed, in the
by-laws and shall be accompanied by such documents and plans as may be
so  prescribed.

(3) In  this  Chapter  the  expression  “to  erect  a  building”  means,—

(a) newly  to  erect  a  building  on  any  site  whether  previously  built

upon,  or  not,

(b) to  re-erect,—

(i) any building of which more than one-half of the cubical contents
of  the  building  above  the  level  of  the  plinth  have  been  pulled  down,
burnt,  or  destroyed,

(ii) any masonary building of which more than three-fourths of the
superficial  area  of  the  external  walls  above  the  level  of  the  plinth  has
been  pulled  down,  or

(iii)  any  frame  building  of  which  more  than  three  quarters  of  the
number  of  the  posts  of  beams  in  the  external  walls  have  been  pulled
down,

(c) to convert into a dwelling house any building or part of a building
not  originally  constructed  for  human  habitation  or  originally  so
constructed,  appropriated  for  any  other  purpose,

(d) to convert into more than one dwelling house a building originally

constructed  as  one  dwelling  house  only,

(e) to  convert  by  any  structural  alteration  into  a  place  of  religious
worship  or  into  a  sacred  building  any  place  or  building  not  originally
meant  or  constructed  for  such  purpose,

(f) to  roof  or  cover  an  open  space  between  walls  or  buildings  as
regards  the  structure  which  is  formed  by  roofing  or  covering  such  space,

(g) to  convert  by  a  structural  alteration  two  or  more  tenements  in

building  into  a  greater  or  lesser  number,

(h) to make any structural alteration in a building so as to affect its

drainage  or  sanitary  arrangements  or  its  stability,

(i)  to  convert  into  a  stall,  shop,  warehouse  or  godown  any  building

not  originally  constructed  for  use  as  such,  or

(j)  to  construct  in  a  wall  adjoining  any  street  or  land  not  vested  in

the owner of the wall, a door opening on such street or land,

and  each  of  the  above  operations  shall  be  deemed  to  be  the  erection  of  a
new  building  for  the  purposes  of  this  Chapter.

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Maharashtra Municipal Corporations Act

 [1949 : LIX

Notice to be
given to
Commi-
ssioner of
intention to
make
additions,
etc., to
building.

254.

(1)  Every  person  who  shall  intend,—

(a) to make any addition to a building,

(b) to make any alteration or repairs to a building, not being a frame-
building,  involving  the  removal  or  re-erection  of  any  external  or  party-
wall  thereof  or  of  any  wall  which  supports  the  roof  thereof,  to  an  extent
exceeding  one-half  of  such  wall  above  the  plinth  level,  such  half  to  be
measured  in  superficial  feet,

(c) to  make  any  alteration  or  repairs  to  a  frame-building,  involving
the removal or re-erection of more than one-half of the posts or beams in
any such wall thereof as aforesaid or involving the removal or re-erection
of  any  such  wall  thereof  as  aforesaid  to  an  extent  exceeding  one-half  of
such wall above plinth level, such half to be measured in superficial fee,

(d) to make any alteration in a building involving,—

(i)  the  sub-division  of  any  room  in  such  building  so  as  to  convert

the  same  into  two  or  more  separate  rooms,  or

(ii) the conversion of any passage or space in such building into a

room  or  rooms,

(e) to repair, remove, construct, reconstruct or add to any portion of
a  building  abutting  on  a  street  which  stands  within  the  regular  line  of
such  street,

(f) to carry out any work in a building involving,—

(i)  the  construction  or  re-construction  of  a  roof,

(ii) the conversion of a roof into a terrace,

(iii) the conversion of a terrace into a roof, or

(iv) the construction of a lift shaft,

(g)  to  carry  out  any  repairs  to  a  building  involving  the  construction

of  a  floor  of  a  room  (excluding  the  ground  floor),

(h)  to  permanently  close  any  door  or  window  in  an  external  wall,  or

(i)  to  remove  or  reconstruct  the  principal  staircase  or  to  alter  its

position,

shall  give  notice  to  the  Commissioner,  in  the  form  prescribed  in  the
bye-law  and  containing  all  such  information  as  may  be  required  to  be
furnished  under  the  bye-laws.

(2)  Every  such  notice  shall  be  signed  in  the  manner  prescribed  in  the
bye-laws and shall be accompanied by such documents and plans as may be
so  prescribed.

Plans, etc.,
submitted  to
be rejected if
not drawn
etc., in
prescribed
manner.

255. The  Commissioner  shall  decline  to  accept  any  plan,  section,
description,  structural  drawings  or  structural  calculations  as  sufficient  for
the purposes of this Act which are not drawn, given, prepared, or signed in
the  manner  prescribed  in  the  bye-laws.

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Maharashtra Municipal Corporations Act

177

256.

If any requisition made by the Commissioner in accordance with
the  rules  requiring  the  production  of  further  particulars  and  details  is  not
complied  with,  the  notice  given  under  section  253  or  254  shall  be  deemed
not to have been given.

Effect of non-
compliance
with requistion
made by
Commissioner.

Commencement  of  work.

257. Every  person  who  intends  to  erect  a  new  building  or  execute
any  such  work  as  is  described  in  section  254,  shall  erect  the  building  or
execute  the  work  in  such  manner,  under  such  supervision,  through  such
qualified agency, and subject to such conditions and restrictions as may be
prescribed  by  the  by-laws.

Supervision of
buildings and
works.

258.

If  at  any  time  after  permission  to  proceed  with  any  building  or
work  has  been  given  under  the  rules,  the  Commissioner  is  satisfied  that
such  permission  was  granted  in  consequence  of  any  material
misrepresentation or fraudulent statement contained in the notice given or
information furnished under section 253 or 254, or of further information, if
any,  furnished,  he  may  cancel  such  permission,  and  any  work  done
thereunder  shall  be  deemed  to  have  been  done  without  his  permission.

Power to
Commissioner
to cancel
permission on
the ground of
material
misrepresen-
tation by
applicant.

259. The  Commissioner  may  at  any  time  during  the  erection  of  a
building  or  the  execution  of  any  such  work  as  is  described  in  section  254
make  an  inspection  thereof,  without  giving  previous  notice  of  his  intention
so to do.

Inspection of
building in
course of
erection,
alteration, etc.

260.

1[(1) The  Commissioner  shall,  by  notification  in  the  Official
Gazette, designate an officer of the Corporation to be the Designated Officer
for  the  purposes  of  this  section  and  of  sections  261,  264,  267  and  478.  The
Designated  Officer  shall  have  jurisdiction  over  such  local  area  as  may  be
specified  in  the  notification  and  different  officers  may  be  designated  for
different  local  areas.]

Proceedings to
be taken in
respect of
building or
work
commenced
contrary to
rules or by-
laws.

2[(1A)] If the erection of any building or the execution of any such work
as  is  described  in  section  254  is  commenced  or  carried  out  contrary  to  the
provisions of the rules or by-laws 3[the Designated Officer], unless he deems
it  necessary  to  take  proceedings  in  respect  of  such  building  or  work  under
section  264,  shall,—

(a) by written notice, require the person who is erecting such building
or  executing  such  work  or  has  erected  such  building  or  executed  such
work  on  or  before  such  day  as  shall  be  specified  in  such  notice,  by  a
statement in writing subscribed by him or by an agent duly authorised by
him  in  that  behalf  and  addressed  to  3[the  Designated  Officer],  to  show
sufficient cause why such building or work shall not be removed, altered
or  pulled  down,  or

1. Sub-section (1) was inserted by Mah. 2 of 2012, s. 11(1).
2. The existing sub-section (1) was re-numbered as sub-section (1A) by Mah. 2 of 2012, s. 11(1).
3. These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 11(2).

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(b) shall  require  the  said  person  on  such  day  and  at  such  time  and
place  as  shall  be  specified  in  such  notice  to  attend  personally  or  by  an
agent  duly  authorised  by  him  in  that  behalf,  and  show  sufficient  cause
why such building or work shall not be removed, altered or pulled down.

(2) If such person shall fail to show sufficient cause, to the satisfaction
of 1[the Designated Officer] why such building or work shall not be removed,
altered  or  pulled  down  1[the  Designated  Officer]  may  remove,  alter  or  pull
down  the  building  or  work  and  the  expenses  thereof  shall  be  paid  by  the
said  person.

Building or
works
commenced
contrary to
Act may be
cut into and
laid open for
purpose of
inspection.

261.

(1) If there shall be reasonable ground for suspecting that in the
erection  of  any  such  building  or  in  the  execution  of  any  such  work  as  is
referred to in section 260 anything has been done contrary to any provision
of this Act or of any rule or bye-laws, or that anything required by any such
provision,  rule  or  bye-law  to  be  done  has  been  omitted  to  be  done ;

and  if,  on  inspecting  such  building  or  work,  it  is  found  that  the  same
has  been completed  or is too far advanced to permit of any such fact being
ascertained ;

2[the  Designated  Officer]  may,  with  the  approval  of  the  Standing
Committee,  by  a  written  notice,  require  the  person  who  has  erected  such
building  or  executed  such  work  or  is  erecting  such  building  or  executing
such work to cause so much of the building as prevents any such fact being
ascertained to be cut into, laid open or pulled down to a sufficient extent to
permit  of  the  same  being  ascertained.

(2) If it shall thereupon be found that in the erection of such building or
the execution of such work nothing has been done contrary to any provision
of this Act or of any rule or bye-law, and that nothing required by any such
provision,  rule  or  bye-law  to  be  done  has  been  omitted  to  be  done,
compensation  shall  be  paid  by  2[the  Designated  Officer]  to  the  person
aforesaid  for  the  damage  and  loss  incurred  by  cutting  into,  laying  open  or
pulling  down  the  building  or  work.

262. The  Commissioner  may,  at  any  time,  during  the  erection  of  a
building or the execution of any such work as aforesaid or at any time within
three  months  after  the  completion  thereof,  by  written  notice,  specify  any
matter in respect of which the erection of such building or the execution of
such work may be in contravention of any provision of this Act or of any rule
or bye-law, and require the person erecting or executing or who has erected
or  executed  such  building  or  work,  or,  if  the  person  who  has  erected,  or
executed  such  building  or  work  is  not  at  the  time  of  the  notice  the  owner
thereof,  then  the  owner  of  such  building  or  work  to  cause  anything  done
contrary  to  any  such  provision,  rule  or  bye-law  to  be  amended  or  to  do
anything which by any such provision, rule or bye-law may be required to be
done but which has been omitted to be done.

1. These words were substituted for the words “the Commissioner”, by Mah. 2 of 2012, s. 11(3).
2. These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 12.

Enforcement
of provisions
concerning
buildings and
works.

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179

Completion
certificates ;
permission to
occupy or use.

Power to
require
demolition or
alteration of
lawfully
constructed
huts or sheds
infringing rules
or bye-laws.

263.

(1) Every person shall, within one month after the completion of
the erection of a building or the execution of any such work as is described
in  section  254,  deliver  or  send  or  cause  to  be  delivered  or  sent  to  the
Commissioner  at  his  office,  notice  in  writing  of  such  completion,
accompanied  by  a  certificate  in  the  form  prescribed  in  the  bye-laws
signed  and  subscribed  in  the  manner  so  prescribed,  and  shall  give  to  the
Commissioner  all  necessary  facilities  for  the  inspection  of  such  building  or
of  such  work  and  shall  apply  for  permission  to  occupy  the  building.

(2) No person shall occupy or permit to be occupied any such building,
or  use  or  permit  to  be  used  the  building  or  part  thereof  affected  by  any
work,  until,—

(a)  permission  has  been  received  from  the  Commissioner  in  this

behalf,  or

(b)  the  Commissioner  has  failed  for  twenty-one  days  after  receipt  of

the  notice  of  completion  to  intimate  his  refusal  of  the  said  permission.

1[Lawfully  erected  structures  infringing  rules  or  by-laws.

263A.

(1) If  any  hut  or  shed  erected  or  constructed  before  the
appointed day is contrary to the provisions of any rules or bye-laws relating
to  the  erection  or  construction  of  huts  or  sheds,  and  it  appears  to  the
Commissioner  that  it  is  necessary  in  the  public  interest  that  such  hut  or
shed  or  any  part  thereof  be  demolished  or  altered,  the  Commissioner  may
by written notice require the owner thereof to demolish or alter such hut or
shed  or  any  part  thereof,  or  on  or  before  such  date,  as  may  be  specified  in
such notice, by writing subscribed by the owner or an agent duly authorised
in  that  behalf  and  addressed  to  the  Commissioner,  show  a  sufficient  cause
why  such  hut  or  shed  should  not  be  demolished  or  so  altered.

(2) If  such  person  fails  to  show  sufficient  cause  to  the  satisfaction  of
the  Commisssiner  why  such  hut  or  shed  or  any  part  thereof  should  not  be
demolished or so altered, he shall demolish or alter the hut or shed within
such time as he is required so to do by the Commissioner ; and if he fails to
do so, the Commissioner may demolish or alter the hut or shed.

(3) The  Commissioner  shall  pay  compensation  to  every  person  who
sustains loss or damage by the demolition or alteration as aforesaid of any
hut  or  shed  (including  any  cost  of  demolition  or  alteration).]

Dangerous  Structures.

264. (1) If it shall at any time appear to  2[the Designated Officer] that
any structure (including under this expression, any building, wall, parapet,
pavement,  floor,  steps,  railings,  door  or  window  frames  or  shutters  or  roof,
or other structure and anything affixed to or projecting from or resting on,

Removal of
structures, etc.,
which are in
ruins or likely
to fall.

1 This heading and section 263A was inserted by Bom. 19 of 1956, s. 2.
2 These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 13(1).

H  610-26

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any  building,  wall,  parapet  or  other  structure)  is  in  a  ruinous  condition  or
likely to fall, or in any way dangerous to any person occupying, resorting to
or  passing  by  such  structure  or  any  other  structure  or  place  in  the
neighbourhood  thereof,  1[the  Designated  Officer]  may,  by  written  notice,
require the owner or occupier of such structure to pull down, secure, remove
or  repair  such  structure  or  thing  or  do  one  or  more  of  such  things  and  to
prevent  all  cause  of  danger  therefrom.

(2) 2[The  Designated  Officer]  may  also,  if  he  thinks  fit,  require  the  said
owner  or  occupier  by  the  said  notice,  either  forthwith  or  before  proceeding
to pull down, secure, remove or repair the said structure or thing, to set up
a  proper  and  sufficient  hoard  or  fence  for  the  protection  of  passers-by  and
other  person,  with  a  convenient  platform  and  hand-rail  if  there  be  room
enough for the same and the  2[the Designated Officer] shall think the same
desirable to serve as a footway for passengers outside of such hoard or fence.

(3) If  it  appears  to    3[the  Designated  Officer]  that  the  danger  from  a
structure which is ruinous or about to fall is imminent, he may, before giving
notice  as  aforesaid  or  before  the  period  of  notice  expires,  fence  off,  take
down,  secure  or  repair  the  said  structure  or  take  such  steps  or  cause  such
work to be executed, as may be required to arrest the danger.

(4) Any expenses incurred by  4[the Designated Officer] under sub-section

(3) shall be paid by the owner or occupier of the structure.

(5)  (a)  Where  5[the  Designated  Officer]    is  of  opinion  whether  on  receipt
of  an  application  or  otherwise  that  the  only  or  the  most  convenient  means
by which the owner or occupier of a structure such as is referred to in sub-
section  (1)  can  pull  down,  secure,  remove  or  repair  such  structure,  is  by
entering any of the adjoining premises belonging to some other person 5[the
Designated  Officer]  after  giving  such  person  a  reasonable  opportunity  of
stating  any  objection  may,  if  no  such  objection  is  raised  or  if  any  objection
which is raised appears to him invalid or insufficient, by an order in writing,
authorize  the  said  owner  or  occupier  to  enter  such  adjoining  premises.

(b) Every  such  order  bearing  the  signature  of    5[the  Designated  Officer]
shall be a sufficient authority to the person in whose favour it is made, or to
any  agent  or  person  employed  by  him  for  this  purpose,  after  giving  to  the
owner of the premises reasonable written notice of his intention so to do, to
enter  upon  the  said  premises  with  assistants  and  workmen,  at  anytime
between  sunrise  and  sunset,  and  to  execute  the  necessary  work.

(c) In  executing  any  work  under  this  section  as  little  damage  as  can  be,
shall  be  done  to  the  adjoining  owner's  property,  and  the  owner  or  occupier
of  premises  for  the  benefit  of  which  the  work  is  done,  shall,—

(i) cause  the  work  to  be  executed  with  the  least  practicable  delay ;

(ii)  pay  compensation  to  any  person  who  sustains  damage  by  the

execution  of  the  said  work.

1 These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 13(1).
2 These words were substituted for the words “the Commissioner by Mah. 2 of 2012, s. 13(2).
3 These words were substituted for the words “the Commissioner by Mah. 2 of 2012, s. 13(3).
4 These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 13(4)
5 These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 13(5).

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181

265.

(1)  It  stall  be  incumbent  on  the  owner  of  every  building  to
maintain  every  part  thereof  and  everything  appurtenant  thereto  in  such
repair  as  to  prevent  its  becoming  dangerous.

Periodic
inspection of
buildings.

(2) The Commissioner may by written notice require the owner of any
building to get the building inspected at such intervals and in such manner
as may be prescirbed in the by-laws.

(3) The  owner  shall  within  two  months  of  the  inspection  under  sub-
section  (2)  undertake  such  repairs  as  the  inspection  shall  show  to  be
necessary  for  the  purpose  of  securing  the  stability  of  the  structure  within
the  meaning  of  section  264  after  complying  with  all  the  provisions  of  this
Act  and  the  rules  and  by-laws  in  regard  to  such  repairs  and  shall,  on
completion of such repairs, submit to the Commissioner a certificate signed
by the person who made the inspection, of his having carried out the repairs
satisfactorily.

(4) A  report  of  every  inspection  made  under  sub-section  (2)  shall
forthwith  be  submitted  to  the  Commissioner  by  the  person  who  carried  it
out and the Commissioner may take such action in respect of such building
as he deems fit under this section or under any other provision of this Act if
the  owner  fails  to  comply  with  the  requirements  of  sub-section  (3).

(5) The  expenses  incurred  by  the  Commissioner  under  sub-section  (4)

shall be paid by the owner.

1[265A.

(1) Notwithstanding anything contained in section 265, every
owner or occupier of a building in respect of which a period of thirty years,
from the date of, —

Structural
Stability
Certificate.

(i) issue  of  its  completion  certificate  by  the  Corporation  ;  or

(ii) issue  of  permission  to  occupy  a  building  under  section  263  ;  or

(iii) its  physical  occupation  of  at  least  50  per  cent.,  of  its  builtup

area,

whichever is earlier, has expired, shall cause such building to be examined
by  a  Structural  Engineer  registered  with  the  Corporation  for  the  purposes
of  certifying  that  the  building  is  fit  for  human  habitation  (such  certificate
hereinafter  referred  to  as  “  the  Structural  Stability  Certificate”).  The
Structural Stability Certificate issued by such Structural Engineer shall be
submitted  to  the  Commissioner.

(2) The  Structural  Stability  Certificate  shall  be  submitted  within  one
year  from  the  expiry  of  a  period  of  thirty  years  referred  to  in  sub-section
(1),  and  every  ten  years  thereafter  or  such  earlier  period  as  the
Commissioner may determine having regard to the condition of the building
and  the  corrective  repairs  carried  out  by  the  owner  or  occupier.

(3) Notwithstanding  anything  contained  in  sub-section  (1),  the
Commissioner  may,  at  any  time,  after  having  recorded  the  reasons,  in
writing, direct the owner or occupier of a building, to cause such building to
be examined by such Structural Engineer and to submit to the Commissioner,
the Structural Stability Certificate, as required under sub-section (1), within
the  period  not  exceeding  thirty  days  as  specified  by  the  Commissioner  in
such  direction.

1  Section 265A was inserted by Mah. 6 of 2009, s. 4.

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(4) If  the  Structural  Engineer  recommends  any  corrective  repairs  for
securing the structural stablity of the building, such corrective repairs shall
be  carried  out  by  the  owner  or  occupier  of  a  building  to  the  satisfaction  of
the  Commissioner.

(5) Any owner or occcupier, as the case may be, who fails to carry out
corrective  repairs  for  securing  structural  stability,  within  a  period  of  six
months from the date of report of the Structural Engineer, shall be punished
with  the  fine  as  provided  in  section  398A.

(6)  Notwithstanding  anything  contained  in  sub-section  (5),  the
Commissioner may, after giving the owner or occupier, a notice in writting,
require him to carry out, within the period specified in the notice, corrective
repairs for accuring structural stability of a building. If the owner or occupier
fails  to  carry  out  such  corrective  repairs  within  the  period  specified  in  the
notice, the Commissioner may carry out the same and the expenses incurred
by  the  Commissioner  on  such  repair  shall,  on  demand,  if  not  paid  within
thirty days, be recovered from the owner or occupier as arrears of property
tax.

(7) If  there  is  any  dispute  about  the  amount  of  expenses  for  which
demand  is  made  under  sub-section  (6),  an  appeal  may  be  preferred  to  the
Judge,  before  whom  an  appeal  may  be  filed  under  section  406  of  this  Act,
but no such appeal shall be entertained by the such Judge, unless,—

(i) it is preferred within twenty-one days from the date of receipt of

notice  of  such  demand ;

(ii) the  amount  for  which  demand  is  made  is  deposited  with  the
Corporation  and  a  true  copy  of  the  receipt  showing  that  the  amount  has
been  so  deposited  accompanies  the  appeal.

(8) In  case  the  appeal  is  decided  in  favour  of  the  appellant  and  the
amount of expenses deposited with the Corporation is more than the amount
payable by the appellant, the Commissioner shall adjust the excess amount
with interest at 6.25 per cent. per annum from the date on which the amount
is  so  deposited  by  the  appellant,  towards  the  property  tax  payable  by  the
owner  in  respect  of  such  building  thereafter.]

Dangerous
opening in
buildings.

266.

If it shall at any time apper to the Commissioner that any opening
in any part of a building is so situated as to constitute a danger to human
life, he may, by written notice, require that such opening shall be enclosed
or  protected  by  bars,  grills  or  such  other  device  to  his  satisfaction.

Works  unlawfully  carried  on.

Powers of
2[Designated
Officer] to
direct removal
of person
directing
unlawful
work.

1

267.

(1)  If 

[the  Designated  Officer]  is  satisfied  that  the  erection  of
any building or the execution of any such work as is described in section 254
has been unlawfully commenced or is being unlawfully carried on upon any
premises he may, by written notice, require the person directing or carrying
on  such  erection  or  execution  to  stop  the  same  forthwith.

1 These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 14(1).
2 These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 14(3).

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183

1

(2) If  such  erection  or  execution  is  not  stopped  forthwith,  the
[Designated Officer] may direct that any person directing or carry on such
erection  or  execution  shall  be  removed  from  such  premises  by  any  police
officer and may cause such steps to be taken as he may consider necessary
to  prevent  the  re-entry  of  such  person  on  the  premises  without  his
permission.

(3) The  cost  of  any  measure  taken  under  sub-section  (2)  shall  be  paid

by  the  said  person.

2[267A.

(1)  Whoever  unlawfully  constructs  or  reconstructs  any

building or part of a building,—

Levy of penalty
on unlawful
building.

(a) on  his  land  without  obtaining  permission  under  this  Act  or  any
other law for the time being in force or in contravention of any condition
attached  to  such  permission ;

(b) on a site belonging to him which is formed without approval under

the  relevant  law  relating  to  Regional  and  Town  Planning ;

(c) on  his  land  in  breach  of  any  provison  of  this  Act  or  any  rule  or
bye-law  made  thereunder  or  any  direction  or  requisition  lawfully  given
or made under this Act or such rule or bye-law; or

(d)  on  any  land,  belonging  to,  or  leased  by,  the  Corporation,  or  the
Central or State Government, or any statutory corporation or organization
or company set up by any such Government, in breach of any provision of
this  Act  or  of  any  other  law  for  the  time  being  in  force  and  the  rules  or
bye-laws  made  thereunder,

3

[shall  be  liable  to  pay  a  penalty,  at  such  rate  as  may  be  decided  by  the
Corporation,  on  such  building],  so  long  as  it,  remains  as  unlawful
construction, without prejudice to any proceedings which may be instituted
against  him  in  respect  of  such  unlawful  construction :

Provided that, such levy and collection of tax and penalty shall not be
construed as regularization of such unlawful construction or reconstruction
for  any  period  whatsoever  of  its  such  unlawful  existence.

(2)  Penalty  payable  under  sub-section  (1)  shall  be  determined  and
collected  under  the  provisions  of  this  Act,  as  if  the  amount  thereof  were  a
property  tax  due  by  such  person.]

Power  to  vacate  premises.

268.

(1)  Notwithstanding  the  provisions  of  any  other  law  to  the
contrary  the  Commissioner  may,  by  written  notice,  order  any  building  or
any  portion  thereof  to  be  vacated  forthwith  or  within  the  time  specified  in
such  notice,—

Power of
Commissioner
to vacate any
building in
certain
circumstances.

(a) if such building or portion thereof has been unlawfully occupied

in  contravention  of  section  263 ;

1 These words were substituted for the words “the Commissioner” by Mah. 2 of 2012, s. 14(2).
2 Section 267A was inserted by Mah. 2 of 2008, s. 2.
3 These words were substituted for the words “shall be liable to pay every year a penalty,
which shall be equal to twice the property tax leviable on such building” by Mah. 51 of 2017,
s. 3.

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(b) if  a  notice  has  been  issued  in  respect  of  such  building  or  part

thereof requiring the alteration or reconstruction of any existing staircase,

lobby, passage or landing and the works specified in such notice have not

been  commenced  or  completed ;

(c) if  the  building  or  part  thereof  is  in  a  ruinous  or  dangerous

condition  within  the  meaning  of  section  264.

(2) In every such notice the Commission shall clearly specify the reasons

for  requiring  such  building  or  portion  thereof  to  be  vacated.

(3) The  affixing  of  such  written  notice  on  any  part  of  such  premises

shall be deemed a sufficient intimation to the occupiers of such building or

portion  thereof.

(4) On  the  issue  of  a  notice  under  sub-section  (1)  every  person  in

occupation  of  the  building  or  portion  thereof  to  which  the  notice  relates

shall vacate such building or portion as directed in the notice and no person

shall  so  long  as  the  notice  is  not  withdrawn  enter  the  building  or  portion

thereof  except  for  the  purpose  of  carrying  out  any  work  which  he  may

lawfully  carry  out.

(5) The  Commissioner  may  direct  that  any  person  who  acts  in

contravention of sub-section (4) shall be removed from such building or part

thereof  by  any  police  officer.

(6) The Commissioner shall, on the application of any person who has

vacated any premises in pursuance of a notice under sub-section (1), reinstate

such person in the premises on the withdrawal of such notice, unless it is in

his  opinion  impracticable  to  restore  substantially  the  same  terms  of

occupation  by  reason  of  any  structural  alteration  or  demolition.

(7) The  Commissioner  may  direct  the  removal  from  the  said  premises

by  any  police  officer  of  any  person  who  obstructs  him  in  any  action  taken

under sub-section (6) and may also use such force as is reasonably necessary

to  effect  entry  in  the  said  premises.

Regulation  of  certain  classes  of  buildings  in  particular  localities.

Power to
regulate
future
construction
of certain
classes  of
buildings in
particular
streets or
localities.

269.

(1) The Commissioner may give public notice of his intention to

declare, subject to any valid objection that may be preferred within a period

of  three  months,—

(a) that  in  any  streets  or  portions  of  streets  specified  in  such  notice

the elevation and construction of the frontage of all buildings or any classes

of  buildings  thereafter  erected  or  re-erected  shall  in  respect  of  their

architectural  features  be  such  as  the  Corporation  may  consider  suitable

to  the  locality ;

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Maharashtra Municipal Corporations Act

185

(b) that in any localities specified in the notice there shall be allowed

the  construction  of  only  detached  or  semidetached  buildings  or  both  and

that  the  land  appurtenant  to  each  such  building  shall  be  of  an  area  not

less  than  that  specified  in  such  notice;

(c) that  the  minimum  size  of  building  plots  in  particular  localites

shall be of a specified area;

(d) that  in  any  localities  specified  in  the  notice  the  construction  of

more than a specified number of buildings on each acre of land shall not

be  allowed  ;  or

(e) that  in  any  streets,  portions  of  streets  or  localities  specified  in

such  notice  the  construction  of  shops,  warehouses,  factories,  huts  or

buildings  designed  for  particular  uses  shall  not  be  allowed  without  the

special  permission  of  the  Commissioner  granted  in  accordance  with

general regulations framed by the Standing Committee in this behalf and

subject  to  the  terms  of  such  permission  only.

(2) The  Standing  Committee  shall  consider  all  objections  received

within  a  period  of  three  months  from  the  publication  of  such  notice,  and

shall then submit the notice with a statement of objections received and of

its  opinon  thereon  to  the  Corporation.

(3) No objection received after the said period of three months shall be

considered.

(4) Within  a  period  of  two  months  after  the  receipt  of  the  same  the

Corporation  shall  submit  all  the  documents  referred  to  in  sub-section  (2)

with  a  statement  of  its  opinion  thereon  to  the  1[State]  Government.

(5) The 1[State] Government may pass such orders with respect to such

declartion as it may think fit :

Provided that such declaration shall not thereby be made applicable to

any  street,  portion  of  a  street  or  locality  not  specified  in  the  notice  issued

under  sub-section  (1).

(6) The declaration as confirmed or modified by the 1[State] Government

shall be published in the Official Gazette and shall take effect from the date

of  such  publication.

(7) No  person  shall  erect  or  re-erect  any  building  in  contravention  of

any  such  declaration.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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Commissioner
to make draft
improvement
scheme.

CHAPTER  XVI.
IMPROVEMENT SCHEMES.

270.

(1)  Subject  to  provisions  of  sub-section  (4),  if  it  shall  appear  to

the  Commissioner,—

(A) that within certain limits in any part of the City,

(a) any  buildings  used,  or  intended  or  likely  to  be  used,  for  human

habitation, are unfit for human habitation,

(b) the  narrowness,  closeness  and  bad  arrangement  or  the  bad
condition of the streets and buildings, or groups of buildings, within such
limits  or the  want  of  light, air, ventilation or proper convenience, or any
other  sanitary  defects,  or  one  or  more  of  such  causes,  are  dangerous  or
injurious  to  the  health  of  the  inhabitants  either  of  the  buildings  within
the  area  of  such  limits,  or  of  the  neighbouring  buildings,  and  that  the
evils connected with such buildings and the sanitary defects in such area
cannot be effectually remedied otherwise than by an improvement scheme
for  the  rearrangement  and  reconstruction  of  the  streets  and  buildings
within such area or of some of such streets or buildings, or

(c) it is necessary to provide for the construction of buildings for the

accommodation  of  the  poorer  sections  of  the  community  ;  or

(B) that  for  the  purpose  of  providing  new  building  sites  or  of
remedying the defective ventilation of any part of the City, or of creating
new or increasing the existing means of communication and facilities for
traffic between various parts of the City it is expedient to form new or to
alter existing streets or to construct or reconstruct any bridges, causeways,
sub-ways or other works appurtenant thereto in any part of the City, the
Commissioner  may,—

(i) with the previous approval of the Corporation, which shall not be
given unless the Corporation is satisfied of the sufficiency of its resources,
draw  up  a  notification  stating  that  the  Commissioner  proposes  to  make
an  improvement  scheme,  specifying  the  area  to  which  the  resolution
relates and the works proposed to be included in such scheme and naming
a  place  where  a  map  of  the  said  area  may  be  seen  at  all  reasonable
hours ;

(ii)  during  three  consecutive  weeks  publish  simultaneously  in  the
Official Gazette and in the local newspapers a copy of the said notification;
and

(iii)  proceed  to  make  a  draft  improvement  scheme  and  submit  the

scheme  to  the  Standing  Committee  for  approval.

(2) In  making  an  improvement  scheme  more  than  one  area  may  be

included  in  one  improvement  scheme.

(3) With  the  previous  approval  of  the  Corporation  the  Commissioner
may,  for  the  purpose  of  making  an  improvement  scheme,  cause  surveys  to
be made in areas either inside or outside the limits of the area comprised in
the scheme to be made.

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187

(4) No improvement scheme shall, notwithstanding anything contained
in this Chapter be made for any area for which a housing scheme has been
sanctioned  under  the  provisions  of  the  *Bombay  Housing  Board  Act,  1948.

Bom
LXIX of
1948.

271.

(1) The improvement scheme, which may exclude any part of the
area  included  in  the  notification  referred  to  in  section  270,  or  include  any
neighbouring land, if the Commissioner is of opinion that such exclusion or
inclusion  is  necessary  for  the  proper  carrying  out  of  the  scheme,—

Particulars to
be provided for
in an
improvement
scheme.

(a) shall,  within  the  limits  of  the  area  comprised  in  the  scheme,

provide  for,—

(i)  the  acquisition  of  any  land  which  will,  in  the  opinion  of  the
Commissioner,  be  necessary  for  or,  subject  to  the  provisions  of  sub-
section (2), be affected by the execution of the scheme ;

(ii)  relaying  out  all  or  any  land  including  the  construction  and
reconstruction  of  buildings  and  the  formation  and  alteration  of
streets  ;

(iii)  the  laying  of  such  storm-water  drains  and  sewers  as  may  be
required for the efficient draining and sewering of streets so formed or
altered;

(iv)  the  lighting  of  streets  so  formed  or  altered  ;

(b) may,  within  this  limits  aforesaid,  provide  for,—

(i) the construction or reconstruction of bridges, causeways or sub-

ways  or  any  other  works  appurtenant  thereto  ;

(ii) raising any land which the Commissioner may deem expendient

to raise for the better drainage of the locality ;

(iii)  forming  open  spaces  for  the  better  ventilation  of  the  area

comprised in the scheme or any adjoining area ;

(iv) the whole or any part of the sanitary arrangements required ;

and

(c) may,  within  and  without  the  limits  aforesaid,  provide  for  the
construction of buildings for the accommodation of the poorer sections of
the community including the whole or part of such sections to be displaced
in the execution of the scheme :

Provided  that  no  neighbouring  land  shall  be  included  in  an
improvement  scheme  unless  previous  notice  of  such  inclusion  has  been
given in the manner provided in item (ii) in sub-section (1) of section 270.

(2) If,  in  the  opinion  of  the  Commissioner,  any  land  within  the  limits
aforesaid which is not required for the execution of the scheme will, as the
result  of  such  execution,  be  increased  in  value  the  scheme  may,  in  lieu  of
providing for the acquisition of such land, provide for the levy of a betterment
charge  as  hereinafter  provided  in  respect  of  the  increase  in  value  thereof.

*See, now the Maharashtra Housing and Area Development Authority Act, 1976 (Mah. XXVIII

of 1977).

H  610-27

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(3) In making an improvement scheme for any area regard shall be had
to  the  conditions  and  nature  of  neighbouring  parts  of  the  City  and  of  the
City as a whole, and to the likelihood of improvement schemes being required
for the neighbouring and other parts of the City.

Procedure on
completion of
scheme.

272.

(1)  On  the  submission  by  the  Commissioner  of  a  draft
improvement scheme, the Standing Committee shall take such scheme into
its consideration and may approve the same with or without such alteration
as it thinks fit.

(2) Upon  the  approval  of  an  improvement  scheme  by  the  Standing
Committee the Commissioner shall forthwith draw up a notification stating
the  fact  of  a  scheme  having  been  made,  the  limits  of  the  area  comprised
therein, and naming a place where particulars of the scheme, a map of the
same and a statement of the land which it is proposed to acquire or in respect
of  which  it  is  proposed  to  levy  a  betterment  charge  may  be  seen  at  all
reasonable  hours,  and  shall,—

(a) communicate  a  copy  of  such  notification,  particulars,  map  and

statement  to  the  Corporation  ;

(b) publish  the  notification  in  the  manner  prescribed  for  the

publication  of  a  notification  under  section  270.

(3) During  the  thirty  days  next  following  the  first  day  on  which  such
notification is published, the Commissioner shall serve a notice upon every
person  whose  name  appears  in  the  Commissioner’s  Assessment-  book  as
primarily  liable  for  the  payment  of  the  property  taxes  leviable  under  this
Act  on  any  land  or  building  or  part  of  a  building  which  it  is  proposed  to
acquire  or  in  respect  of  which  it  is  proposed  to  levy  a  betterment  charge.

(4) Such  notice  shall,—

(a) state  that  the  Commissioner  on  behalf  of  the  Corporation
proposes to acquire such land or building or part of a building or to levy a
bettterment charge in respect thereof for the purpose of or in connection
with  an  improvement  scheme,  and

(b) require  the  person  so  served,  if  he  objects  to  such  acquisition  or
levy,  to  state  his  reasons  in  writing  within  thirty  days  from  the  date  of
service  of  the  notice.

Right of owner
to demand
acquisition of
issue of
notification
when building
operations are
in progress.

273.

(1)  If  any  land  is  included  in  any  statement  specifying  the  land
proposed to be acquired made in accordance with any notification drawn up
under section 272, and if the owner of such land shall prove to the satisfaction
of the Collector that at the date of the said notification building operations
were  in  progress  on  such  land  or  any  part  thereof  and  the  buildings  were
structurally complete up to the first floor level, the Collector shall call upon
the  Commissioner  to  acquire  such  land.

(2) On  receipt  of  such  notice  the  Commissioner  shall  forthwith  report
the  matter  to  the  Standing  Committee  and  the  said  Committee  shall  then
resolve  whether  in  its  opinion  it  is  desirable  to  acquire  the  land  set  out  in
the notice or to withdraw from the proposal to acquire and shall communicate

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189

I of
1894.

its resolution within two months to the Corporation which shall within one
month after receipt there of communicate to the Commissioner the decision
of  the  Corporation  in  the  matter,  and  thereupon  the  Commissioner  shall
forthwith  in  accordance  with  such  decision  either  proceed  to  acquire  such
land  or  shall  give  written  notice  to  the  owner  that  the  proposal  to  acquire
has  been  withdrawn.

(3) If  the  Corporation  decides  to  acquire  the  land,  the  Commissioner
shall  give  notice  of  such  decision  to  the  Collector  and  the  owner,  and  the
Collector  shall  proceed  as  if  a  declaration  had  been  made  in  respect  of  the
land in question under section 6 of  *the Land Acquisition Act, 1894.

(4) If the Corporation withdraws from the proposal to acquire any land
under  sub-section  (2),  such  land  shall  not  be  included  in  any  statement  of
the land proposed to be acquired, made in accordance with any notification
drawn up under section 272, until the expiry of two years from the date of
the  issue  of  written  notice  of  withdrawal  to  the  owner.

(5)  Notwithstanding  anything  contained  in  this  section,  if  the
Corporation  withdraws,  from  the  proposal  to  acquire  any  land  under  sub-
section (2), such land may be included in, or added to, any statement of the
land in respect of which it is proposed to levy a betterment charge made in
accordance  with  any  notification  drawn  up  under  section  272  :

Provided  that  the  provisions  of  sub-sections  (3)  and  (4)  of  section  272
shall apply in respect of such land as if the period of thirty days referred to
in the said sub-section (3) commenced on the date on which notice was given
to  the  owner  that  the  proposal  to  acquire  has  been  withdrawn.

274.

(1) The owner of any land included in any statement of the land
proposed to be acquired made in accordance with any notification drawn up
under  section  272,  may  at  any  time  before  the  publication  of  a  declaration
under  section  278  and  after  the  expiry  of  one  year  from  the  date  of  such
notification  by  written  notice  to  the  Commissioner,  setting  out  the
particulars of such land call upon the Commissioner to acquire such land on
behalf  of  the  Corporation.

Right of owner
to demand
acquisition or
withdrawal by
Corporation
after lapse of
two years from
date of
notification.

(2) On  receipt  of  such  notice,  the  Commissioner  shall  forthwith  report
the matter to the Standing Committee and the said Committee shall resolve
whether in its opinion it is desirable to acquire the land set out in the notice
and shall, communicate its resolution within two months to the Corporation
which  shall  within  two  months  after  the  receipt  thereof  communicate  to
the  Committee  and  Commissioner  the  decision  of  the  Corporation  in  the
matter  and  thereupon  the  Commissioner  shall  in  accordance  with  such
decision either decide to acquire such land or shall give notice to the owner
that  he  has  withdrawn  the  proposal  to  acquire.

(3) If the Corporation decides to acquire the land, it shall instruct the
Commissioner  to  give  notice  of  such  decision  to  the  Collector  and  to  the
owner, and the Collector shall proceed as if a declaration had been made in
respect of the land in question under section 6 of *the Land Acquisition Act,
1894.

I of
1894.

*Now  see  the  Right  to  Fair  Compensation  and  Transporency  in  Land  Acquisition  and  Re-

Settlement Act, 2013 (30 of 2013).

H  610-27a

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(4) If the Corporation withdraws from the proposal to acquire any land
under  sub-section  (2),  such  land  shall  not  be  included  in  any  statement  of
the  land  proposed  to  be  acquired  made  in  accordance  with  any  notification
drawn  up  under  section  272  until  the  expiry  of  two  years  from  the  date  of
the  issue  of  written  notice  of  withdrawal  to  the  owner.

(5) Notwithstanding  anything  contained  in  this  section,  if  the
Corporation  withdraws  from  the  proposal  to  acquire  any  land  under  sub-
section (2), such land may be included in, or added to, any statement of the
land in respect of which it is proposed to levy a betterment charge made in
accordance  with  any  notification  drawn  up  under  section  272  :

Provided  that  the  provisions  of  sub-sections  (3)  and  (4)  of  section  272
shall apply in respect of such land as if the period of thirty days referred to
in the said sub-section (3) commenced on the date on which notice was given
to  the  owner  that  the  proposal  to  acquire  has  been  withdrawn.

275.

(1)  Upon  compliance  with  the  foregoing  provisions  with  respect
to  the  publication  of  notices  of  the  scheme,  the  Commissioner  shall  submit
to  the  Standing  Committee  any  objection  or  representation  received  under
section 272 together with any suggestion he may wish to make in respect of
the  modification  of  the  scheme.

(2)  The  Standing  Committee  shall,  after  consideration  of  any  such
objection,  representation  or  suggestion  and  after  inserting  in  the  scheme
such  modification  as  it  thinks  fit,  submit  the  scheme  together  with  any
objection,  representation  or  suggestion  to  the  Corporation  for  its  approval.

276. The Corporation shall, on receipt of a scheme from the Standing
Committee,  proceed  to  take  such  scheme  into  consideration  together  with
any  objection,  representation  or  suggestion  received  or  made  under  section
272  or  275  and  shall,  after  having  approved  the  scheme  with  or  without
modification  or  declined  to  approve  the  scheme,  pass  a  resolution  to  that
effect.

277.

(1)  As  soon  as  the  Corporation  has  approved  the  scheme,  the
Commissioner  shall  apply  to  the  1[State]  Government  on  behalf  of  the
Corporation  for  sanction  to  the  scheme.

(2) If the Corporation declines to approve the scheme the Commissioner
shall forthwith draw up and publish in the manner provided in section 270,
a notification stating that the Corporation has resolved, not to proceed with
the making of the scheme, and on such publication the notification relating
to the scheme published under sections 270 and 272 shall be deemed to be
cancelled.

(3) An application to the 1[State] Government under sub-section (1) for

sanction  shall  by  accompanied  by,—

(a) a copy of the resolution passed by the Standing Committee under

section 272 ;

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

Standing
Committee
after
publication
and service of
notices to
forward
scheme to
Corporation
for approval.

Corporation
to consider
improvement
scheme and to
approve or
disapprove.

Commissioner
to apply to
1[State]
Government
for sanction to
the scheme.

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191

(b) a copy of the resolution passed by the Corporation under section

270;

(c) a  description  with  full  particulars  of  the  scheme  including  the

reasons  for  any  modification  inserted  therein  ;

(d) complete plans and estimates of the cost of executing the scheme;

(e) a statement specifying the land which it is proposed to acquire or

in  respect  of  which  it  is  proposed  to  levy  a  betterment  charge  ;

(f)  a  list  of  the  names  of  the  persons,  if  any,  who  in  answer  to  the
notices  mentioned  in  sub-section  (3)  of  section  272  objected,  with  the
reasons  (if  any)  stated  by  such  persons  for  objections,  in  respect  of  the
acquisition of their land or the levy of a betterment charge ;

(g)  a  schedule  showing  the  rateable  value,  as  entered  in  the
Commissioner’s  assessment-book,  at  the  date  of  the  publication  of  a
notification relating to the land under section 272, of all land specified in
the  statement  under  clause  (e)  and  of  any  other  land  wholly  or  partially
situated within eighty feet from either side of any street to be formed or
altered  in  executing  the  scheme.

278.

(1)  (a)  On  receipt  of  the  sanction  of  the  1[State]  Government,
the  Commissioner  shall  forward  to  the  1[State]  Government  a  declaration
for notification stating the fact of such sanction and that the land proposed
to be acquired by the Corporation for the purposes of the scheme is required
for  a  public  purposes.

(b) The  declaration  shall  be  published  in  the  Official  Gazette,  in  the
same  manner,  as  an  order  of  the  1[State]  Government  and  shall  state  the
limits within which the land proposed to be acquired is situate, the purpose
for  which  it  is  needed,  its  approximate  area  and  the  place  where  a  plan  of
the  land  may  be  inspected.

On receipt of
sanction
declaration to
be published
giving
particulars of
land to be
acquired and on
publication of
such
declaration
Commissioner
to be
authorised to
execute scheme.

(c) The  said  declaration  shall  be  conclusive  evidence  that  the  land  is
needed  for  a  public  purpose,  and  the  Commissioner  shall,  upon  the
publication  of  the  said  declaration,  proceed  to  execute  the  scheme.

(2)(a)  If  at  any  time  it  appears  to  the  Commissioner,  the  Standing
Committee  or  the  Corporation,  as  the  case  may  be,  that  an  improvement
can be made in any part of the scheme, the Corporation may alter the scheme
for  the  purpose  of  making  such  improvement  and  thereupon  the
Commissioner  shall,  subject  to  the  provisions  contained  in  the  next  two
clauses  of  this  sub-section,  forthwith  proceed  to  execute  the  scheme  as
altered.

(b) If the estimated net cost of executing the scheme as altered exceeds
by ten per cent. the estimated net cost of executing the scheme as sanctioned,
the  Commissioner  shall  not,  without  the  previous  sanction  of  the
Corporation and of the  1[State] Government, proceed to execute the scheme
as  altered.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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(c) If the scheme as altered involves the acquisition, otherwise than by
agreement, of or the levy of a betterment charge in respect of any land other
than  that  specified  in  the  schedule  accompanying  the  scheme  under  sub-
section (3) of section 277, the provisions of sections 272 and 277 and of sub-
section  (1)  shall  apply  to  the  part  of  the  scheme  so  altered,  in  the  same
manner as if such altered part were the scheme.

If Corporation
fails  to
acquire the
land, owner
may call upon
Corporation
to acquire it
or to
withdraw
from proposal.

279.

If,  within  three  years  from  the  declaration  aforesaid,  the
Corporation  fails  to  acquire  any  land  included  in  such  declaration  or  any
part of such land, the owner of such land may, by written notice setting out
the particulars of such land, call upon the Corporation to acquire such land
or to withdraw from the proposal to acquire it and thereafter the procedure
prescribed  in  sub-sections  (2)  to  (5)  of  section  274  shall  be  followed.

Method of
calculation of
betterment
charge.

280. Where  an  improvement  scheme  has  provided  for  the  levy  of  a
betterment charge pursuant to sub-section (2) of section 271, such betterment
charge shall be an amount equal to one-half of the increase in value of the
land,  including  the  buildings,  if  any,  thereon  and  shall  be  calculated  upon
the amount by which the value of the said land on completion of the execution
of the scheme exceeds the value of the said land at the time of the publication
of  the  notification  made  under  section  272.

Procedure for
determining
charge.

281.

(1) When  it  appears  to  the  Commissioner  that  an  improvement
scheme  is  sufficiently  advanced  to  enable  the  amount  of  the  betterment
charge  to  be  determined,  the  Commissioner  shall  make  a  report  to  the
Standing  Committee  to  that  effect,  and  the  Standing  Committee  after
considering the report may by resolution declare the date on which, for the
purpose of determining the amount the betterment charge, the execution of
the  scheme  shall  be  deemed  to  have  been  completed.

(2)  The  amount  of  betterment  charge  leviable  in  each  case  shall  be
determined  in  accordance  with  section  280  after  following  the  procedure
prescribed in sub-section (3) by such officer as the 1[State] Government may
by  notification  in  the  Official  Gazette,  appoint  in  this  behalf  at  the  request
of  the  Corporation.

(3) On  a  date  being  fixed  under  sub-section  (1)  and  an  officer  being
appointed  under  sub-section  (2)  the  Commissioner  shall,  in  consultation
with  such  officer,  serve  upon  every  person  on  whom  a  notice  in  respect  of
the property affected has been served under sub-section (3) of section 272, a
notice  which  shall  state,—

(a)  the  date  declared  by  the  Standing  Committee  under  sub-section

(1) as aforesaid;

(b)  the  time,  being  some  time  not  less  than  twenty-one  days  after  the
service of the notice, and place at which the assessment of the betterment
charge  will  be  considered  by  such  officer,  and  every  person  upon  whom

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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193

such a notice is served shall be entitled to be heard either in person or by
a  duly  authorised  agent  when  the  matter  is  taken  into  consideration  by
such  officer.

(4) When  such  officer  has  determined  the  amount  of  the  betterment
charge  leviable  in  respect  of  any  property,  the  Commissioner  shall  serve
upon  the  person  concerned  a  notice  stating  the  amount  so  determined.

(5) With effect from the date of service of the notice under sub-section
(4) and subject to the decision upon any reference made to the District Court
as  hereinafter  provided  in  sub-section  (6),  the  amount  of  the  betterment
charge determined as aforesaid and interest thereon, if any, shall be a charge
upon  the  property  in  respect  of  which  it  is  levied,  and  shall  be  recoverable
in the same manner as expenses declared to be improvement expenses under
section  442.

(6) If any person is dissatisfied with the charge determined by the officer
appointed  by  the  1[State]  Government  under  sub-section  (2),  the
Commissioner shall, upon the application of such person at any time within
one  month  from  the  date  of  the  service  of  a  notice  under  sub-section  (4),
refer  the  case  for  the  determination  of  the  District  Court  whose  decision
thereupon  shall  be  final.

(7) If no application for determination by the District Court is made as
provided in sub-section (6), the determination of the amount of a betterment
charge  by  the  officer  appointed  by  the  1[State]  Government  in  this  behalf
shall be final.

I of
1894.

282.

*The  Land  Acquisition  Act,  1894,  hereinafter  referred  to  as  “the
Land  Acquisition  Act”  shall,  to  the  extent  set  forth  in  Appendix  I  regulate
and apply to the acquisition of land under this Chapter, otherwise than by
agreement, and shall for that purpose be deemed to form part of this Chapter
in the same manner as if enacted in the body hereof, subject to the provisions
of  this  Chapter  and  the  provisions  following,  namely :—

Extent to which
Land
Acquisition Act
shall apply to
acquisition of
land otherwise
than by
agreement.

(1)  a  reference  to  any  section  of  the  Land  Acquisition  Act  shall  be
deemed to be a reference to such section, as modified by the provisions of
this Chapter, and the expression “ land ” as used in the Land Acquisition
Act shall be deemed to have the meaning assigned to it by clause (30) of
section  2  of  this  Act,  and  clause  (b)  of  section  3  of  the  Land  Acquisition
Act  shall,  for  the  purposes  of  this  Chapter,  be  read  as  if  the  words  and
parentheses “(including  the 2[Government])” were inserted after the words
“includes  all  persons  ”,  and  the  words  “or  if  he  is  the  owner  of  any  right
created by legislative enactment over any street forming part of the land”
were  added  after  the  words  “affecting  the  land” ;

(2) in  the  construction  of  sub-section  (2)  of  section  4  of  the  Land
Acquitition  Act  and  the  provision  of  this  Chapter  the  provisions  of  the
said sub-section shall, for the purposes of this Act, be applicable immediatly

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 This word was substituted for the word “Crown” by the Adaptation of Laws Order, 1950.
* Now see the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013 (30 of 2013).

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upon the passing of a resolution under sub-section (1)  of section 270 and
the  expression  “ 1[State]  Government  ”  shall  be  deemed  to  include  the
Commissioner,  and  the  words  “such  locality”  shall  be  deemed  to  mean
the  locality  referred  to  in  any  such  resolution ;

(3) in  the  construction  of  the  sections  of  the  Land  Acquisition  Act
deemed to form part of this Chapter and of the provisions of this Chapter,
the publication of a notification under sub-section (1) of section 270 shall
be deemed to be the publication of a notification under sub-section (1) of
section  4  of  the  Land  Acquisition  Act  and  the  date  of  publication  of  the
declaration  under  section  278  shall  be  deemed  to  be  the  date  of  the
publication  of  the  declaration  under  section  6  of  the  Land  Acquisition
Act :

Provided that where land is acquired under section 273 or sub-section
(3)  of  section  274  the  date  of  publication  of  the  notification  under  sub-
section (2) of section 272 shall be deemed to be the date of publication of
a  declaration  under  section  6  of  the  Land  Acquisition  Act.

(4) in  the  construction  of  sub-section  (2)  of  section  50  of  the  Land
Acquisition  Act  and  the  provisions  of  this  Chapter,  the  Commissioner
shall  be  deemed  to  be  the  local  authority  or  company  concerned.

(5) Notwithstanding anything contained in sub-section (1) of section
49 of the Land Acquisition Act, it shall not be competent for the owner of
any building of which it is proposed to acquire only a part, to insist on the
acquisition  of  his  entire  holding  where  the  part  proposed  to  be  acquired
can, in the opinion of the Collector, be severed from the remainder without
material  detriment  thereto  :

Provided  that  the  Collector  shall,  if  required  by  the  owner  of  such
building,  refer  the  question  where  such  part  can  be  severed  from  the
remainder without material deteriment or the determination of the Court
and the Court shall decide upon such a reference, as if it were a reference
to the Court under the said sub-section :

Provided also that if, in the opinion of the Collector or, in the event
of  a  reference  of  the  Court,  the  part  proposed  to  be  acquired  cannot  be
severed  from  the  remainder  without  material  detriment  thereto,  the
1[State] Government may, at the instance of the Commissioner, order the
acquisition  of  the  remainder,  and  in  such  case  no  fresh  declaration  shall
be  necessary,  but  the  Collector  shall  without  delay  furnish  a  copy  of  the
order of the  l[State] Government to the person or persons interested and
shall  thereafter  take  order  for  the  acquisition  of  the  remainder  in  like
manner  and  with  like  powers  in  all  respects  as  if  the  acquisition  had
orginally  been  provided  for  in  the  improvement  scheme.

1 This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.

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283.

In determining the amount of compensation to be awarded for any
land or building acquired for the purposes of this Act, the following further
provisions  shall  apply :—

195

Special
provisions as to
compensation.

(1) the Court shall take into consideration any increase to the value
of any other land or building belonging to the person interested likely to
accrue from the acquisition of the land or from the acquisition, alteration
or  demolition  of  the  building  ;

(2) when  any  addition  to,  or  improvement  of,  the  land  or  building
has  been  made  after  the  date  of  the  publication  under  sub-section  (2)  of
section  272  of  notification  relating  to  the  land  or  building,  such  addition
or improvement shall not (unless it was necessary for the maintenance of
the building in a proper state of repair) be included, nor in the case of any
interest  acquired  after  the  said  date  shall  any  separate  estimate  of  the
value thereof be made, so as to increase the amount of the compensation
to be paid for the land or building ;

(3) in estimating the market value of the land or building at the date
of  the  publication  of  a  notification  relating  thereto  under
sub-section (2) of section 272 the Court shall have due regard to the nature
and  the  condition  of  the  property  and  the  probable  duration  of  the
building, if any, in its existing state and to the state of repair thereof and
to the provisions of clauses (2),(5) and (6) of this section ;

(4) if  in  the  opinion  of  the  Court  the  rental  of  the  land  or  building
has  been  enhanced  by  reason  of  its  being  used  for  an  illegal  purpose,  or
being so over crowded as to be dangerous or injurious to the health of the
inmates,  the  rental  shall  not  be  deemed  to  be  greater  than  the  rental
which  would  be  obtainable  if  the  land  or  building  were  used  for  legal
purposes  only,  or  were  occupied  by  such  a  number  of  persons  only  as  it
was  suitable  to  accommodate  without  risk  of  such  overcrowding.

Explanation.—For  the  purposes  of  this  sub-section  overcrowding

shall be interpreted as in section 307 ;

(5) if in the opinion of the Court the building is in a state of defective
sanitation, or is not in reasonably good repair, the amount of compensation
shall  not  exceed  the  estimated  value  of  the  property  after  the  building
has  been  put  into  a  sanitary  condition,  or  into  reasonably  good  repair,
less  the  estimated  expense  of  putting  it  into  such  condition  or  repair  ;

(6) if  in  the  opinion  of  the  Court  the  building  being  used  or  inteded
or  lileky  to  be  used  for  human  habitation  is  not  reasonably  capable  of
being made fit for human habitation, the amount of compensation for the
building  shall  not  exceed  the  value  of  the  materials,  less  the  cost  of  the
demolition  ;

(7) compensation  may  be  awarded  if  the  Court  thinks  fit  in  respect
of  the  severance  of  any  part  of  a  building  proposed  to  be  acquired  in
addition to the value of such part.

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Collector to
take
possession
after making
an award and
transfer land
to
Corporation.

284. When  the  Collector  has  made  an  award  under  section  11  of  the
Land Acquisition Act, as applied by this Act, he may take possession of the
land  which  shall  thereupon  vest  absolutely  in  the  1[Government]  free  from
all  encumbrances,  and  the  Collector  shall,  upon  payment  of  the  cost  of  the
acquisition, make over charge of the land to the Commissioner and the land
shall  thereupon  vest  in  the  Corporation  subject  to  the  liability  of  the
Commissioner  to  pay  on  behalf  of  the  Corporation  any  further  costs  which
may be incurred on account of the acquisition of the land.

CHAPTER  XVII.

MUNICIPAL FIRE-BRIGADE

Maintenance
of firemen and
of necessary
fire engines,
etc.

285.

(1)  With  a  view  to  the  discharge  by  the  Corporation  of  the  duty
of  extinguishing  fire  and  protecting  life  and  property  in  case  of  fire,  the
Commissioner  shall  provide,  in  the  statement  of  municipal  officers  and
servants from time to time prepared by him under section 51, for a force of
firemen,  with  a  proper  number  of  officers  over  them  to  be  called  "  the
municipal  fire-brigade  ",  and  shall  furnish  the  said  brigade  with  all  such
fire-engines,  fire-escapes,  vehicles,  accoutrements,  tools,  implements  and
means  of  intercommunication  as  may  be  necessary  for  the  efficient
discharage  of  their  duties.

(2) A  person  may  be  appointed  to  be  a  member  of  the  fire-brigade  in

addition  to  any  other  office  or  employment  of  such  person.

(3) The Corporation may recognise any body of persons on such terms
and  conditions  as  it  may  fix  as  a  volunteer  fire-brigade  to  supplement  the
municipal  fire-  brigade.

Powers of
Chief Officer
of Fire-
Brigade at a
fire.

286. On  the  occasion  of  a  fire  the  Chief  or  other  officer  in  charge  of
the fire-brigade may, subject to such orders as the Commissioner may from
time to time issue in this behalf, take the command of all municipal officers
and  servants  present  and  of  any  other  persons  who  voluntarily  place  their
services at his disposal; and may on such occasions exercise all or any of the
powers  specified  in  the  rules.

Police and
municipal
officers and
servants to
aid the fire
brigade.

Damage done
by fire-
brigade to be
deemed
damage by
fire.

Report of fire
to be
submitted.

287.

(1)  It  shall  be  the  duty  of  all  police  officers  and  of  all  municipal
officers and servants to aid the fire-brigade in the execution of their duties.

(2) Any police officer or any municipal officer may close any street in or
near which a fire is burning and remove any persons who interfere by their
presence  with  the  operations  of  the  fire-brigade.

288.

(1)  Any  damage  occasioned  by  the  fire-brigade  in  the  due
execution  of  their  duties,  or  by  any  police  or  municipal  officer  or  servant
who aids the fire-brigade, shall be deemed to be damage by fire.

(2) No damages shall be payable for any act done in good faith by any

person in any operations carried out in pursuance of section 286 or 287.

289. A report of every fire which occurs in the City shall be submitted
by  the  chief  or  other  officer  in  charge  of  the  fire-brigade  not  later  than  the
day  following  the  fire  to  the  Commissioner,  who  shall  make  such  further
inquiry, if any, as he may deem necessary and shall furnish a weekly return
of all fires which occur in the City to the Standing Committee.

1 This word was substituted for the word " Provincial" by the Adaptation of Laws Order, 1950.

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CHAPTER   XVIII.

SANITARY PROVISIONS.

Scavenging  and  Cleansing.

290. For the purpose of securing the efficient scavenging and cleansing
of  all  streets  and  premises,  the  Commissioner  shall  take  measures  for
securing,—

Commissioner
to provide for
cleansing of
streets and
removal of
refuse.

(a) the daily surface-cleansing of all streets in the City and removal

of  the  sweeping  therefrom  ;

(b)  the  removal  of  the  contents  of  all  receptacles  and  depots  and  of
the  accumulations  at  all  places  provided  or  appointed  by  him  under  the
provisions  of  this  Act  for  the  temporary  deposit  of  dust,  ashes,  refuse,
rubbish, trade refuse, carcasses of dead animals and excrementitious and
polluted  matter.

291. All  matters  deposited  in  public  receptacles,  depots  and  places
provided  or  appointed  under  section  292  and  all  matters  collected  by
municipal servants or contractors in pursuance of sections 290 and 293 shall
be  the  property  of  the  Corporation.

292. The  Commissioner  shall  provide  or  appoint  in  proper  and
convenient situations public receptacles, depots and places for the temporary
deposit  or  final  disposal  of,—

Refuse, etc., to
be the property
of the
Corporation.

Provision and
appointment of
receptacles,
depots and
places for
refuse, etc.

(a) dust,  ashes,  refuse  and  rubbish ;

(b) trade  refuse ;

(c) carcasses  of  dead  animals  ;

(d) excrementitious  and  polluted  matter  :

Provided that the said matters shall not be finally disposed of in any
place or manner in which the same have not heretofore been so disposed
of,  without  the  sanction  of  the  Corporation  or  in  any  place  or  manner
which  the  1[State]  Government  thinks  fit  to  disallow.

293. When  the  Commissioner  has  given  public  notice,  under  clause
(a) of sub-section (1) of section 131, of his intention to provide, in a certain
portion  of  the  City,  for  the  collection,  removal,  and  disposal,  by  municipal
agency,  of  all  excrementitious  and  polluted  matter  from  privies,  urinals
and cesspools, it shall be lawful for the Commissioner to take measures for
the  daily  collection,  removal  and  disposal  of  such  matter  from  all  premises
situated  in  the  said  portion  of  the  City.

Provision may
be made by
Commissioner
for collection
etc., of
excrementitious
and polluted
matter.

294.

(1)  The  Commissioner  shall  make  such  special  arrangements,
whether permanent or temporary, as he considers adequate for maintaining
sanitation in the vicinity of any temple, math, mosque, tomb or any place of
religious worship or instruction to which large number of persons resort on
particular  occasions  or  in  any  place  which  is  used  for  holding  fairs  or
festivals.

Special
sanitary
arrangements
at certain
place.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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(2) The Commissioner may require any person having control over any
such place as aforesaid to pay to the Corporation such contribution towards
the  cost  of  the  special  measures  taken  under  sub-section  (1)  as  the
Corporation  may  from  time  to  time  fix.

Scavengers’
duties in
certain cases
may not be
discharged by
private
individuals
without
Commi-
ssioner’s
permission.

295.

In any portion of the City in which the Commissioner has given
a public notice under clause (a) of sub-section (1) of section 131 and in any
premises,  wherever  situate,  in  which  there  is  a  water-closet  or  privy
connected  with  a  municipal  drain,  it  shall  not  be  lawful,  except  with  the
written permission of the Commissioner, for any person who is not employed
by  or  on  behalf  of  the  Commissioner  to  discharge  any  of  the  duties  of
scavengers.

Power to
inspect
premises for
sanitary
purposes.

Cleansing and
lime-washing
of any
building may
be required.

Buildings or
rooms in
buildings
unfit for
human
habitation.

Inspection  and  Sanitary  Regulation  of  Premises.

296. The  Commissioner  may  inspect  any  building  or  other  premises

for  the  purpose  of  ascertaining  the  sanitary  condition  thereof.

297.

If  it  shall  appear  to  the  Commissioner  necessary  for  sanitary
reasons so to do, he may, by written notice, require the owner or occupier of
any  building  so  inspected,  to  cause  the  same  or  some  portion  thereof  to  be
lime-washed  or  otherwise  cleansed,  either  externally  or  internally,  or  both
externally  and  internally.

298.

(1)  If,  for  any  reason,  it  shall  appear  to  the  Commissioner  that
any building or any room in a building intended for or used as a dwelling is
unfit  for  human  habitation,  he  shall  give  to  the  owner  or  occupier  of  such
building  notice  in  writing  stating  such  reason  and  signifying  his  intention
to prohibit the further use of the building or room, as the case may be, as a
dwelling and shall by such notice call upon the owner or occupier aforesaid
to state in writing any objection thereto within thirty days after the receipt
of such notice, and if no objection is raised by such owner or occupier within
such  period  as  aforesaid,  or  if  any  objection  which  is  raised  by  such  owner
or  occupier  within  such  period  appears  to  the  Commissioner  invalid  or
insufficient, he may, with the previous approval of the Standing Committee,
by  order  in  writing,  prohibit  the  further  use  of  such  building  or  room  as  a
dwelling :

Provided  that,  before  such  approval  is  given,  the  owner  or  occupier
aforesaid  shall  have  the  right  of  appearing  before  the  Standing  Committee
in person or by agent and of showing cause why such approval should not be
given.

(2)  When  any  such  prohibition  as  aforesaid  has  been  made,  the
Commissioner  shall  cause  notice  of  such  prohibition  to  be  affixed  to,  and
the letters “U. H. H.” to be painted on the door or some conspicuous part of,
such building or room, as the case may be, and no owner or occupier of such

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building or room shall use or suffer the same to be used for human habitation
until  the  Commissioner  certifies  in  writing  that  the  building  or  room,  as
the case may be, has been rendered fit for human habitation.

(3) The Commissioner shall in each such case give written instructions
to the owner or occupier as to what modifications or alterations are required
to be made for rendering such building or room fit for human habitation.

(4) The Commissioner may cause any person who uses any building or
room  in  contravention  of  sub-section  (2)  to  be  removed  from  such  building
or  room  by  any  police  officer.

(5) Where the Commissioner has prohibited the further use of a building
or room, as the case may be, as a dwelling the owner of such building shall,
so  far  as  may  be  necessary  to  prevent  nuisance,  keep  the  building  or  room
clean  and  wholesome.

(6) The provisions of sub-sections (6) and (7) of section 268 shall apply
on the issue by the Commissioner of a certificate that the building or room,
as the case may be, has been rendered fit for habitation as if such certificate
were the withdrawal of notice issued under sub-section (2) of the said section.

299.

(1)  If  it  shall  appear  to  the  Commissioner  that  any  building
intended for or used as a dwelling is in any respect unfit for human habitation
and does not conform with the regulations the Commissioner may, by written
notice,  require  the  owner  of  the  building,  within  such  reasonable  time,  not
being less than twenty-one days, as may be specified in the notice, to execute
such  works  or  carry  out  such  alterations  as  would  render  the  building  fit
for human habitation.

(2)  In  addition  to  serving  a  notice  under  this  section  on  the  owner  of
the building the Commissioner may serve a copy of the notice on any other
person  having  an  interest  in  the  building  or  in  the  land  on  which  such
building  has  been  erected,  whether  as  mortgagee,  lessee,  or  otherwise.

300.

(1)  If  it  shall  appear  to  the  Commissioner  that  any  building
intended for or used as a dwelling is unfit for human habitation and is not
capable  at  a  reasonable  expense  of  being  rendered  so  fit,  he  shall  serve
upon the occupier of the building and the owner thereof, and, so far as it is
reasonably  practicable  to  ascertain  such  persons,  upon  any  person  having
interest  in  such  building  notice  of  the  time  (being  some  time  not  less  than
twenty-one  days  after  the  service  of  the  notice)  and  place  at  which  the
condition  of  the  building  and  any  offer  with  respect  to  the  carrying  out  of
works, or the future use of the building, which he may wish to submit, will
be  considered  by  the  Standing  Committee,  and  every  person  upon  whom
such  a  notice  is  served  shall  be  entitled  to  be  heard  either  in  person  or  by
agent  when  the  matter  is  so  taken  into  consideration.

(2) A person upon whom notice is served under sub-section (2) shall, if
he  intends  to  submit  an  offer  with  respect  to  the  carrying  out  of  works,
within twenty-one days from the date of the service of the notice upon him,

Power to
require repair
of insanitary
buildings.

Power to order
demolition of
insanitory
buildings.

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serve  upon  the  Commissioner  notice  in  writing  of  his  intention  to  make
such an offer and shall, within such reasonable period as the Commissioner
may allow, submit to him a list of the works which he offers to carry out.

(3) The Commissioner may, with the previous approval of the Standing
Committee,  accept  from  any  owner  or  any  other  person  interested  an
undertaking  in  writing  either  that  he  will  within  a  specified  period  carry
out  such  works  as  will  in  the  opinion  of  the  Commissioner  render  the
building  fit  for  human  habitation,  or  that  it  shall  not  be  used  for  human
habitation  until  the  Commissioner,  on  being  satisfied  that  it  has  been
rendered fit for that purpose and with the previous approval of .the Standing
Committee,  cancels  the  undertaking.

(4) If no such undertaking as is mentioned in sub-section (3) is accepted
by the Commissioner, or if, in a case where the Commissioner has accepted
such  an  undertaking,  any  work  to  which  the  undertaking  relates  is  not
carried  out  within  the  specified  period,  or  the  building  is  at  any  time  used
in  contravention  of  the  terms  of  the  undertaking,  the  Commissioner  may,
with  the  previous  approval  of  the  Standing  Committee,  make  a  demolition
order  requiring  that  the  building  shall  be  vacated  within  a  period  to  be
specified  in  the  order,  not  being  less  than  twenty-eight  days  from  the  date
on which the order becomes operative, and that it shall be demolished within
six weeks after the expiration of that period, or if the building is not vacated
before the expiration of that period, within six weeks after the date on which
it  is  vacated,  or  in  either  case  within  such  longer  period  as  in  the
circumsatnces  the  Commissioner  deems  it  reasonable  to  specify,  and  shall
serve a copy of the order upon every person upon whom the Commissioner
would  be  required  by  sub-section  (1)  to  serve  a  notice  issued  by  him  under
that  sub-section.

(5) In  determining  for  the  purpose  of  this  section  whether  a  building
can  be  rendered  fit  for  human  habitation  at  a  reasonable  expense,  regard
shall be had to the estimated cost of the works necessary to render it so fit
and  the  value  which  it  is  estimated  that  the  building  will  have  when  the
works  are  completed.

Procedure
where
demolition
order made.

301.

(1)  When  a  demolition  order  under  section  300  has  become
operative,  the  owner  of  the  building  to  which  it  applies  shall  demolish  the
building  within  the  time  limited  in  that  behalf  by  the  order;  and,  if  the
building  is  not  demolished  within  that  time,  the  Commissioner  shall  take
measures  to  demolish  the  building  and  sell  the  materials  thereof.

(2) Any expenses incurred by the Commissioner under sub-section (1),
after giving credit for the amount realised by sale of the materials, shall be
payable  by  the  owner  of  the  building,  and  any  surplus  in  the  hands  of  the
Commissioner  after  payment  of  such  expenses  shall  be  paid  by  the
Commissioner  to  the  owner  of  the  building,  or  if  there  are  more  than  one
owner,  shall  be  paid  in  such  proportion  as  the  Commissioner  may  decide.

(3) Any  person  aggrieved  by  the  decision  of  the  Commissioner  under

sub-section (2) may, within a period of one month, appeal to the Judge.

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201

302. Where  in  pursuance  of  a  notice  under  sub-section  (1)  of  section

299 any building has been rendered fit for human habitation by the execution

of  works  and  alterations  to  the  satisfaction  of  the  Commissioner,  such

building  during  a  period  of  ten  years  from  the  date  of  completion  of  such

works  and  altertions  shall  not  be  deemed  to  be  unfit  for  human  habitation

by reason only of not conforming with any regulation made subsequently to

Building
rendered fit not
to be deemed
unfit for ten
years if not
conforming to
regulations
made sub-
sequently.

such  date  affecting  the  structure  of  such  building.

303.

(1) The  Commissioner  may  serve  upon  the  owner  of  a  building

which appears to him to be an obstructive building notice of the time (being

some time not less than twenty-one days after the service of the notice) and

place  at  which  the  question  of  ordering  the  building  or  any  part  thereof  to

be demolished will be considered by the Standing Committee, and the owner

shall be entitled to be heard either in person or by agent when the matter is

Power to order
demolition of
obstructive
buildings.

so  taken  into  consideration.

(2) If,  after  so  taking  the  matter  into  consideration,  the  Standing

Committee  resolves  that  the  building  is  an  obstructive  building  and  that

the building or any part thereof ought to be demolished, the Commissioner

may make a demolition order requiring that the building or that part thereof

shall be demolished, and that the building, or such part thereof as is required

to  be  vacated  for  the  purposes  of  the  demolition,  shall  be  vacated  within

two months from the date on which the order becomes operative, and if he

does so, shall serve a copy of the order upon the owner of the building.

(3) In  this  section  the  expression  "  obstructive  building  "  means  a

building which, although not in itself unfit for human habitation, is so situate

that by reason of its proximity to or contact with any other buildings it—

(a) stops  or  impedes  ventilation  or  otherwise  makes  or  conduces  to

make such other buildings to be in a condition unfit for human habitation

or  dangerous  or  injurious  to  health;  or

(b) prevents  proper  measures  from  being  carried  into  effect  for

remedying  any  nuisance  injurious  to  health  or  other  evils  complained  of

in  respect  of  such  other  buildings.

304.

(1) If, before the expiration of the period within which a building

or  part  thereof  in  respect  of  which  an  order  is  made  under  section  303  is

thereby required to be vacated, any owner or any person known to have an

interest  in  such  building  or  the  site  of  the  building  makes  to  the

Commissioner an offer for the sale of the building site or any interest therein

to  the  Corporation  at  a  price  equal  to  the  compensation  to  be  assessed  as

provided  in  sub-section  (6),  the  Commissioner  shall,  upon  obtaining  the

requisite  sanction  under  section  77  accept  the  offer  and  shall,  as  soon  as

possible  after  obtaining  possession,  carry  out  the  demolition.

Effect of order
for demolition
of obstructive
building.

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(2) Upon  payment  of  the  price  mentioned  in  sub-section  (1)  the  said
building  and  the  site  thereof  to  the  extent  of  the  interest  acquired  shall
vest  in  the  Corporation.

(3) If no such offer as is mentioned in sub-section (1) is made before the
expiration  of  the  said  period,  the  owner  of  the  building  shall  carry  out  the
demolition  provided  for  by  the  order  before  the  expiration  of  six  weeks
from the last day of that period, or, if the building, or such part thereof as is
required  to  be  vacated,  is  not  vacated  until  after  that  day,  before  the
expiration  of  six  weeks  from  the  day  on  which  it  is  vacated,  or,  in  either
case,  before  the  expiration  of  such  longer  period  as  in  the  circumstances
the Commissioner deems reasonable, and if the demolition is not so carried
out  the  Commissioner  shall  take  measures  to  carry  out  the  demolition  and
sell  the  materials  rendered  available  thereby.

(4) When  any  obstructive  building  or  any  part  thereof  is  demolished
either  by  the  owner  or  by  the  Commissioner  as  provided  for  in
sub-section (3), the Commissioner may at once take possession on behalf of
the Corporation of the land occupied by and appurtenant to the said building
or  part  thereof,  and  shall  pay  compensation  as  provided  in  sub-section  (6).

(5) The provisions of sub-sections (2) and (3) of section 301 shall apply
in relation to any expenses incurred by the Commissioner under sub-section
(3) and to any surplus remaining in the hands of the Commissioner as they
apply  in  relation  to  any  expenses  or  surplus  in  a  case  where  a  building  is
demolished  in  pursuance  of  a  demolition  order  made  under  section  300.

(6) The  Compensation  payable  by  the  Commissioner  for  the  building
and  the  site  thereof  upon  any  sale  effected  under  sub-section  (1)  and  the
compensation  payable  by  the  Commissioner  under  sub-section  (4),  shall  be
the market value of the land and the building demolished, at the date of the
demolition  order  made  under  sub-section  (2)  of  section  303.

Compensation
for acquiring
obstructive
building
recoverable in
certain cases
as
improvement
expenses.

305.

(1) When a demolition order in respect of an obstructive building
or  any  part  thereof  has  been  made  under  section  303,  the  Commissioner
may specify and declare to the Standing Committee the other buildings for
the  benefit  of  which  the  obstructive  building  or  part  thereof  is  intended  to
be demolished and shall serve a notice to that effect upon the owner of each
of  such  other  buildings.

(2) If  in  the  opinion  of  the  Commissioner  the  demolition  of  the
obstructive  building  or  part  thereof  adds  to  the  value  of  the  premises  for
the  benefit  of  which  the  obstructive  building  has  been  demolished,  the
Commissioner  shall  determine  the  amount  of  increase  in  value,  and  shall
with  the  approval  of  the  Standing  Committe  apportion  so  much  of  the
compensation  to  be  made  for  the  acquisition  of  the  whole  or  part  of  the
obstructive building including the site thereof as may be equal to the increase
in value of the said premises amongst them.

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203

(3) For the purpose of sub-section (2) the Commissioner shall have the
like powers as are conferred on him by or under this Act for the purpose of
determining  the  rateable  value  of  a  building  or  land  and  every  person
required  to  make  or  deliver  a  statement  under  this  sub-section  shall  be
deemed to be legally bound to do so within the meaning of sections 175 and
176 of the Indian Penal Code.

XLV of
1860.

Appeal  against
demolition
orders.

Over-crowded
dwellings.

(4) The Commissioner may declare the sum apportioned to each of the
premises  in  respect  of  its  increase  in  value  to  be  improvement  expenses
incurred for the benefit of such premises and the same shall thereupon be a
charge upon such premises and shall be recoverable in the same manner as
expenses  declared  to  be  improvement  expenses  under  section  442.

(5) An appeal shall lie within a period of one month to the Judge against

an  order  of  the  Commissioner  under  sub-section  (4).

306. Any person aggrieved by a demolition order made under section
300 or section 303 may, within twenty-one days after the date of the service
of  a  copy  of  the  order,  appeal  to  the  Judge,  and  no  proceedings  shall  be
taken  by  the  Commissioner  to  enforce  any  order  in  relation  to  which  an
appeal  is  brought  before  the  appeal  is  finally  determined  :

Provided that no appeal shall lie at the instance of a person who is in
occupation  of  the  premises  to  which  the;  order  relates  under  a  lease  or
agreement  of  which  the  unexpired  term  does  not  exceed  three  years.

307.

(1)  Where  it  appears  to  the  Commissioner,  whether  from  any
certificate furnished under the rules or otherwise, that any building or any
room  therein  used  for  human  habitation  is  overcrowded,  he  may  apply  to
1[the  District  Magistrate]  to  prevent  such  overcrowding,  and  the  said
Magistrate,  after  such  inquiry  as  he  thinks  fit  to  make,  may  prescribe  the
maximum number of persons to be accommodated in each room and may, by
written  order,  require  the  owner  of  the  building,  within  a  reasonable  time
not  exceeding  ten  days  to  be  prescribed  in  the  said  order,  to  abate  the
overcrowding  thereof,  by  reducing  the  number  of  lodgers,  tenants,  or  other
inmates  of  the  said  building  or  room  or  rooms,  in  accordance  with  the
maximum so prescribed and to the satisfaction of the Commissioner or may
pass such other order as he may deem just and proper.

Explanation.—The  landlord  of  the  lodgers,  tenants  or  other  actual
inmates of a building shall, for the purposes of this sub-section, be deemed
to be the owner of the said building.

(2)  Notwithstanding  any  provision  to  the  contrary  in  any  other  law  or
in any contract, every tenant, lodger or other inmate of the said building or
room  shall  vacate  on  being  required  by  the  owner  so  to  do  in  pursuance  of
any  order  under  sub-section  (1).

1. These words were substituted for the words “a Magistrate of the First Class” by Bom. 8 of

1954, s. 2, Schedule—Part III.

H  610-29

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Insanitary
huts and
sheds.

(3) The 1[State] Government may from time to time after consulting the
Corporation  direct  by  order  in  the  Official  Gazette  what  shall  constitute
overcrowding for the purposes of this section, and may in such order specify
the  minimum  space  to  be  allowed  for  each  person  according  to  age  in
premises used exclusively as a dwelling and in premises used as a dwelling
as  well  as  for  some  other  purpose.

308.

If the Commissioner is of opinion that any hut or shed used either
as a dwelling or as a stable or for any other purpose, is likely, by reason of
its  being  built  without  a  plinth  or  upon  a  plinth  of  insufficient  height  or
without  proper  means  of  drainage  or  ventilation,  or  on  account  of  the
impracticability of scavenging or owing to the manner in which it and other
huts or sheds are crowded together, to cause risk of disease to the inmates
thereof or to the inhabitants of the neighbourhood, or is for any reason likely
to  endanger  the  public  health  or  safety,  he  may,  by  written  notice,  which
shall  be  affixed  to  some  conspicuous  part  of  such  hut  or  shed,  require  the
owner  or  occupier  thereof,  or  the  owner  of  the  land  on  which  such  hut  or
shed  stands,  to  remove  or  alter  such  hut  or  shed  or  to  take  such  order  for
the  improvement  thereof  as  the  Commissioner  shall  deem  necessary.

Disposal  of  carcasses  of  animals.

Removal of
carecasses of
dead  animals.

309.

(1)  It  shall  be  the  duty  of  the  Commissioner  to  provide  for  the

removal of the carcasses of all animals dying within the City.

(2) The occupier of any premises in or upon which any animal shall die
or in or upon which the carcass of any animal shall be found, and the person
having  the  charge  of  any  animal  which  dies  in  the  street  or  in  any  open
place,  shall,  within  three  hours  after  the  death  of  such  animal  or,  if  the
death occurs at night, within three hours after sunrise, report the death of
such  animal  at  the  nearest  office  of  the  municipal  health  department.

(3) For every carcass removed by municipal agency, a fee for the removal
of such amount as shall be fixed by the Commissioner shall be paid by the
owner  of  the  animal  or,  if  the  owner  is  not  known,  by  the  occupier  of  the
premises in or upon which, or by the person in whose charge, the said animal
died.

Regulation of Public Bathing, Washing, etc.

310.

(1)  The  Commissioner  may  from  time  to  time,—

(a) set  apart  portions  of  a  river  or  other  suitable  places  vesting  in
the Corporation for use by the public for bathing or for washing animals,
or for washing or for drying clothes ;

(b) specify the times at which and the sex of persons by whom, such

places may be used ;

(c) prohibit, by public notice, the use by the public for any of the said

purposes of any place not so set apart ;

1. This  word  was  substituted  for  the  word  “Provincial”  by  Adaptation  of  Laws

Order, 1950.

Places for
public
bathing, etc.,
to be fixed by
Commissioner,
and
regulation of
use of such
places.

1949 : LIX]

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205

(d) prohibit by public notice the use by the public of any portion of a
river or place not vesting in the Corporation for any of the said purposes ;

(e) regulate by public notice the use by the public of any portion of a
river  or  other  place  vesting  in  the  Corporation  and  set  apart  by  him  for
any of the said purposes ; and

(f) regulate by public notice the use by the public of any portion of a
river  or  other  place  not  vesting  in  the  Corporation  for  any  of  the  said
purposes, and of any work, and of the water in any work, assigned and set
apart  under  this  Act  for  any  particular  purpose.

(2) The Commissioner may charge such fees as the Standing Committee
may fix for the use of any place set apart under clause (a) of sub-section (1)
by  any  specified  class  or  classes  of  persons  or  by  the  public  generally.

311. Except  as  permitted  by  any  order  made  under  any  provision  of

this  Act,  no  person  shall,—

(a) bathe in or near any lake, tank, reservoir, fountain, cistern, duct,
standpipe, stream or well or on any part of a river or other place vesting
in  the  Corporation  ;

(b) wash  or  cause  to  be  washed  in  or  near  any  such  place  or  work,

any animal, clothes or other article ;

(c) throw,  put  or  cause  to  enter  into  the  water  in  any  such  place  or

work, any animal or other thing ;

(d) cause or suffer to drain into or upon any such place or work, or to
be  brought  thereinto  or  thereupon,  anything,  or  do  anything,  whereby
the  water  shall  be  in  any  degree  fouled  or  corrupted  ;

(e) dry clothes in or upon any such place ; and

no  person  shall—

(f) in  contravention  of  any  prohibition  made  by  the  Commissioner
under  section  310  use  any  portion  of  a  river  or  any  place  not  vesting  in
the  Corporation  for  any  purpose  mentioned  in  the  said  section  ;

(g) contravene the provisions of any notice given by the Commissioner
under  section  310  for  the  use  of  any  such  portion  of  a  river  or  place  for
any  such  purpose.

312. No  person  shall,—

(a) steep  in  any  tank,  reservoir,  stream,  well  or  ditch,  any  animal,
vegetable  or  mineral  matter  likely  to  render  the  water  thereof  offensive
or dangerous to health ;

(b) whilst  suffering  from  any  contagious,  infectious  or  loathsome
disease,  bathe  on,  in  or  near  any  bathing-platform,  lake,  tank,  reservoir,
fountain,  cistern,  duct,  standpipe,  stream  or  well.

Prohibition of
bathing, etc.,
contrary to
order.

Prohibition of
corruption of
water by
steeping
therein animal
or other matter,
etc.

H  610-29a

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Regulations  of  Factories,  Trades,  etc.

313. No  person  shall,—

(i) newly  establish  in  any  premises,

(ii)  remove  from  one  place  to  another,

(iii)  re-open  or  renew  after  discontinuance  for  a  period  of  not  less

than  three  years,  or

(iv)  enlarge  or  extend  the  area  or  dimensions  of,

any factory, workshop or workplace in which it is intended to employ
steam,  water,  electrical  or  other  mechanical  power  or  any  bakery  except
with  the  previous  written  permission  of  the  Commissioner  nor  shall  any
person work or allow to be worked any such factory, workshop, workplace
or  bakery  without  such  permission  :

Provided that for the purpose of clause (iii) no such permission shall be
required if during the period of discontinuance the machinery has not been
removed  from  the  place  where  the  factory,  workshop  or  bakery  was
originally  established.

1[Provided further that, no such permission shall be required in respect
of  the  factories,  workshop  or  workplace  in  the  area,  notified  by  the
Maharashtra  Industrial  Development  Corporation,  within  the  jurisdiction
of  the  Municipal  Corporation.]

314. No  person  engaged  in  any  trade  or  manufacture  specified  in

section 376 or the rules shall,—

(a) wilfully  cause  or  suffer  to  be  brought  or  to  flow  into  any  lake,
tank,  reservoir,  cistern,  well,  duct  or  other  place  for  water  belonging  to
the  Corporation  or  into  any  drain  or  pipe  communicating  therewith,  any
washing  or  other  substance  produced  in  the  course  of  any  such  trade  or
manufacture  as  aforesaid  ;

(b) wilfully do any act connected with any such trade or manufacture
as aforesaid, whereby the water in any such lake, tank, reservoir, cistern,
well,  duct  or  other  place  for  water  is  fouled  or  corrupted.

Prevention  and  checking  spread  of  dangerous  diseases.

315.

In  the  event  of  any  person  being  found  to  have  been  attacked
with  a  dangerous  disease  or  any  person  being  found  suffering  with  such
disease  in  any  place  or  vehicle  it  shall  be  lawful  for  the  Commissioner  or
the  Medical  Officer  of  Health  or  any  other  municipal  officer  to  take  such
measures  as  are  prescribed  by  rules.

Factory, etc.
not to be
newly
established
without
permission of
Comm-
issioner.

Prohibition of
corruption of
water by
chemicals, etc.

Power of
Comm-
issioner,
Medical
Officer of
Health, etc.,
in case of
dangerous
diseases.

Any place
may at any
time be
inspected for
purpose of
preventing
spread of
dangerous
disease.

316. The Commissioner may at any time, by day or by night, without
notice  or  after  giving  such  notice  of  his  intention  as  shall,  in  the
circumstances,  appear  to  him  to  be  reasonable,  inspect  any  place  in  which
any  dangerous  disease  is  reputed  or  suspected  to  exist,  and  take  such
measures  as  he  shall  think  fit  to  prevent  the  spread  of  the  said  disease
beyond  such  place.

1 This proviso was added by Mah. 18 of 2015, s.2.

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207

Destruction of
huts and sheds
when
necessary.

Closure of
lodging and
eating houses.

317.

If the Commissioner is of opinion that the destruction of any hut
or  shed  is  necessary  to  prevent  the  spread  of  any  dangerous  disease,  he
may, after giving to the owner or occupier of such hut or shed such previous
notice  of  his  intention  as  may  in  the  circumstances  of  the  case  appear  to
him  reasonable,  take  measures  for  having  such  hut  or  shed  and  all  the
materials  thereof  destroyed.

318. The Commissioner may on being satisfied that it is in the public
interest  so  to  do,  by  written  order  direct  that  any  lodging  house  or  any
place where articles of food and drink are sold or prepared, stored or exposed
for sale, being a lodging house or place in which a case of a dangerous disease
exists  or  has  recently  occurred,  shall  be  closed  for  such  period  as  may  be
specified  in  the  order  :

Provided  that  such  lodging  house  or  place  may  be  declared  to  be  open
if  the  Medical  Officer  of  Health  certifies  that  it  has  been  disinfected  or  is
free  from  infection.

Special  Sanitary  Measures.

319.

(1) In the event of the City being at any time visited or threatened
with an outbreak of any dangerous disease, or in the event of any infectious
disease breaking out or being likely to be introduced into the City amongst
cattle  including  under  this  expression  sheep  and  goats,  the  Commissioner,
if he thinks the ordinary provisions of this Act and the rules or of any other
law at the time in force are insufficient for the purpose, may, with the sanction
of  the  1[State]  Government,—

Commissioner
may take
special
measures on
outbreak of any
dangerous
disease.

(a) take  such  special  measures,  and

(b) by  public  notice  prescribe  such  temporary  orders  to  be  observed

by the public or by any person or class of persons,

as are specified in the rules and as he shall deem necessary to prevent

the  outbreak  of  such  disease  or  the  spread  thereof.

(2)  The  Commissioner  shall  forthwith  report  to  the  Corporation  any

measures taken and any orders made by him under sub-section (1).

Disposal  of  the  Dead.

320.

(1) Every owner or person having the control of any place already
used for burying, burning or otherwise disposing of the dead, shall apply to
the Commissioner within a period of six months from the appointed day to
register  the  same  and  the  Commissioner  shall  cause  the  same  to  be
registered.

Places for
disposal of the
dead to be
registered.

(2) Such  application  shall  be  accompanied  by  a  plan,  bearing  the
signature of a licensed surveyor in token of its having been prepared by or
under the supervision of such surveyor, of the place to be registered, showing
the  locality,  boundaries  and  extent  of  the  same.  The  application  shall  also
contain  information  as  regards  the  name  of  the  owner  or  person  or
community interested therein, the system of management and such further
particulars  as  the  Commissioner  may  require.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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(3) The  Commissioner  may,  on  receipt  of  such  application  and  plan,

register  the  said  place  in  a  register  which  shall  be  kept  for  this  purpose.

(4) The Commissioner shall cause to be deposited in the municipal office

at  the  time  of  registration  the  plan  referred  to  in  sub-section  (2).

(5) If  the  Commissioner  is  not  satisfied  with  the  plan  or  statement  or
particulars, he may refuse or postpone registration, until his objections have
been  removed.

(6) Every  place  vesting  in  the  Corporation  used  for  burying,  burning
or  otherwise  disposing  of  the  dead  shall  be  registered  in  the  register  kept
under sub-section (3), and a plan showing the locality, extent and boundaries
thereof and bearing the signature of the City Engineer shall be deposited in
the  municipal  office.

321.

(1) If the existing places for the disposal of the dead shall at any
time appear to be insufficient, or if any place is closed under the provisions
of section 323, the Commissioner shall, with the sanction of the Corporation,
provide  other  fit  and  convenient  places  for  the  said  purpose,  either  within
or without the City, and shall cause the same to be registered in the register
kept  under  section  320,  and  shall  deposit  in  the  municipal  office,  at  the
time  of  registration  of  each  place  so  provided,  a  plan  thereof  showing  the
locality, extent and boundaries of the same and bearing the signature of the
City  Engineer.

(2) All the provisions of this Act and the rules and by-laws shall apply
to any place provided under sub-section (1) without the City and vesting in
the  Corporation  as  if  such  place  were  situate  within  the  City.

322. No place which has never previously been lawfully use as a place
for  the  disposal  of  the  dead  and  registered  as  such  shall  be  opened  by  any
person  for  the  said  purpose  without  the  written  permission  of  the
Commissioner  who,  with  the  approval  of  the  Corporation,  may  grant  or
withhold  such  permission.

323.

(1) If, from information furnished by competent persons and after

personal  inspection,  the  Commissioner  shall  at  any  time  be  of  opinion,—

(a) that any place of public worship is or is likely to become injurious
to health by reason of the state of the vaults or graves within the walls of
or underneath the same, or in any church-yard or burial- ground adjacent
thereto,  or

(b) that any other place used for the disposal of the dead is in such a
state as to be or to be likely to become injurious to health or is otherwise
no longer suitable for such use, he may submit his said opinion, with the
reasons  therefor,  to  the  Corporation,  which  shall  forward  the  same  with
its  opinion,  for  the  consideration  of  the  2 [State]  Government.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

Provision of
new places for
disposal  of
the dead.

New places
for disposal of
the dead not
to be opened
without
permission of
Comm-
issioner.

1[State]
Government
may direct
closing of any
place for
disposal  of
dead.

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Maharashtra Municipal Corporations Act

209

(2) Upon  receipt  of  such  opinion,  the  1[State]  Government,  after  such
further  inquiry,  if  any,  as  it  shall  deem  fit  to  cause  to  be  made,  may,  by
notification  published  in  the  Official  Gazette  and  in  the  local  newspapers,
direct  that  such  place  of  public  worship  or  other  place  for  the  disposal  of
the  dead  be  no  longer  used  for  the  disposal  of  the  dead.  Every  order  so
made  shall  be  noted  in  the  register  kept  under  section  320.

(3) On the expiration of two months from the date of any such order of
the 1[State] Government, the place to which the same relates shall be closed
for  the  disposal  of  the  dead.

(4) A  copy  of  the  said  notification,  with  a  translation  thereof  in  such
language  or  languages  as  the  Corporation  may  from  time  to  time  specify,
shall  be  affixed  on  a  conspicuous  spot  on  or  near  the  place  to  which  the
same  relates,  unless  such  place  be  a  place  of  public  worship.

324.

(1) If,  after  personal  inspection,  the  Commissioner  shall  at  any
time be of opinion that any place formerly used for the disposal of the dead,
which  has  been  closed  under  the  provisions  of  section  323  or  under  any
other  law  or  authority,  has  by  lapse  of  time  become  no  longer  injurious  to
health,  and  may  without  inconvenience  or  risk  of  danger  be  again  used  for
the said purpose, he may submit his said opinion, with the reasons therefor,
to  the  Corporation,  which  shall  forward  the  same  with  its  opinion  for  the
consideration  of  the  1[State]  Government.

1[State]
Government
may sanction
re-opening of
places which
have been
closed for
disposal  of
dead.

Burials within
places of
worship and
exhumations
not to be made
without
permission of
Commissioner.

(2)  Upon  receipt  of  such  opinion,  the  1[State]  Government  after  such
further  inquiry,  if  any,  as  it  shall  deem  fit  to  cause  to  be  made,  may,  by
notification  published  as  provided  in  section  323,  direct  that  such  place  be
reopened  for  the  disposal  of  the  dead.  Every  order  so  made  shall  be  noted
in  the  register  kept  under  section  320.

325.

(1)  No  person  shall,  without  the  written  permission  of  the

Commissioner  under  sub-section  (2),—

(a) make  any  vault  or  grave  or  interment  within  any  wall,  or
underneath  any  passage,  porch,  portico,  plinth  or  verandah  of  any  place
of  worship  ;

(b) make  any  interment  or  otherwise  dispose  of  any  corpse  in  any

place  which  is  closed  for  the  disposal  of  the  dead  under  section  323  ;

(c) build, dig or cause to be built or dug any grave, or vault, or in any
way  dispose  of,  or  suffer  or  permit  to  be  disposed  of,  any  corpse  at  any
place  which  is  not  registered  in  the  register  kept  under    section  320 ;

V of
1898.

(d) exhume  any  body,  except  under  the  provisions  of  section  176  of
the  Code  of  Criminal  Procedure,  1898,  *or  of  any  other  law  for  the  time
being in force, from any place for the disposal of the dead.

(2) The Commissioner may in special cases grant permission for any of
the  purposes  aforesaid,  subject  to  such  general  or  special  orders  as  the
1[State] Government may from time to time make in this behalf.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
* See now the Code of Criminal Procedure, 1973 (2 of 1974).

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Maharashtra Municipal Corporations Act

 [1949 : LIX

Acts
prohibited in
connection
with  disposal
of dead.

326. No  person  shall,—

(a) retain  a  corpse  on  any  premises,  without  burning,  burying  or
otherwise lawfully disposing of the same, for so long a time after death as
to create a nuisance ;

(b) carry a corpse or part of a corpse along any street without having
and keeping the same decently covered or without taking such precautions
to  prevent  risk  of  infection  or  injury  to  the  public  health  as  the
Commissioner  may,  by  public  notice,  from  time  to  time  think  fit  to
require  ;

(c) except when no other route is available, carry a corpse or part of
a corpse along any street along which the carrying of corpses is prohibited
by a public notice issued by the Commissioner in this behalf;

(d) remove a corpse or part of a corpse, which has been kept or used
for  purposes  of  dissection,  otherwise  than  in  a  closed  receptacle  or
vehicle  ;

(e) whilst  conveying  a  corpse  or  part  of  a  corpse,  place  or  leave  the

same on or near any street without urgent necessity ;

(f) bury  or  caused  to  be  buried  any  corpse  or  part  of  a  corpse  in  a
grave  or  vault  or  otherwise  in  such  manner  as  that  the  surface  of  the
coffin, or, when no coffin is used, of the corpse or part of a corpse shall be
at a less depth than six feet from the surface of the ground ;

(g) build or dig, or cause to be built or dug, any grave or vault in any
burial  ground  at  a  less  distance  than  two  feet  from  the  margin  of  any
other  grave  or  vault;

(h)  build  or  dig,  or  cause  to  be  built  or  dug,  a  grave  or  vault  in  any
burial ground in any line not marked out for this purpose by or under the
order  of  the  Commissioner  ;

(i)  without  the  written  permission  of  the  Commissioner,  re-open  for
the interment of a corpse or of any part of a corpse, a grave or vault already
occupied ;

(j)  after  bringing  or  causing  to  be  brought  to  a  burning-ground  any
corpse  or  part  of  a  corpse,  fail  to  burn  or  cause  the  same  to  be  burnt
within six hours from the time of the arrival thereof at such ground ;

(k) when burning or causing to be burnt any corpse, or part of a corpse,
permit the same or any portion thereof to remain without being completely
reduced  to  ashes  or  permit  any  cloth  or  other  article  used  for  the
conveyance or burning of such corpse or part of a corpse to be removed or
to  remain  on  or  near  the  place  of  burning  without  its  being  completely
reduced  to  ashes.

1949 : LIX]

Maharashtra Municipal Corporations Act

211

CHAPTER  XIX.

MARKETS AND SLAUGHTER HOUSES.

Maintenance  and  Regulation  of  Markets  and  Slaughter-houses.

327. All  markets  and  slaughter-houses  which  belong  to  or  are
maintained  by  the  Corporation  shall  be  called  “municipal  markets”  or
“municipal slaughter- houses”. All other markets and slaughter-houses shall
be  deemed  to  be  private.

What to be
deemed
municipal
markets and
slaughter-
houses.

Provisions of
new municipal
markets and
slaughter-
houses.

328.

(1)  The  Commissioner,  when  authorised  by  the  Corporation  in
this behalf, may construct, purchase, take on lease or otherwise acquire any
building  or  land  for  the  purpose  of  establishing  a  municipal  market  or  a
municipal  slaughter-house  or  stock-yard  or  of  extending  or  improving  any
existing  municipal  market  or  slaughter-house,  and  may  from  time  to  time
build  and  maintain  such  municipal  markets,  slaughter-houses  and  stock-
yards and such stalls, shops, sheds, pens and other buildings or conveniences
for  the  use  of  the  persons  carrying  on  trade  or  business  in,  or  frequenting,
such  municipal  markets,  slaughter-houses  or  stock  yards,  and  provide  and
maintain  in  such  municipal  markets  such  buildings,  places,  machines,
weights, scales and measures for weighing and measuring goods sold therein
as he shall think fit.

(2) Municipal slaughter-houses and stock-yards may be situated within

or,  with  the  sanction  of  the  1[State]  Government,  without  the  City.

329. The Commissioner may, with the sanction of the Corporation, at
any  time,  close  any  municipal  market  or  slaughter-house  or  stock-  yard  or
any portion thereof, and the premises occupied for any market or slaughter-
house  or  stock-yard  or  any  portion  thereof  so  closed  may  be  disposed  of  as
the  property  of  the  Corporation.

Municipal
markets,
slaughter-
houses and
stock-yards
may be closed.

330.

(1)  It  shall  be  lawful  for  the  Commissioner,  with  the  previous
sanction  of  the  Corporation,  by  public  notice  from  time  to  time  to  prohibit
within a distance of fifty yards of any municipal market the sale or exposure
for  sale  of  the  commodities  or  of  any  of  the  commodities  specified  in  the
notice  ordinarily  sold  in  the  said  municipal  market.

Prohibition of
sale of
commodities
sold in
municipal
markets.

(2)  Any  notice  issued  under  sub-section  (1)  may  with  like  sanction  at

any  time  be  cancelled  or  modified  by  the  Commissioner.

331.

(1)  The  Corporation  shall  from  time  to  time  determine  whether
the  establishment  of  new  private  markets  or  the  establishment  or
maintenance  of  private  slaughter-houses  shall  be  permitted  in  the  City  or
in  any  specified  portion  of  the  City.

Opening of
private
markets and of
private
slaughter-
houses.

(2) No person shall establish a private market for the sale of, or for the
purpose of exposing for sale, animals intended for human food, or any article
of human food or live-stock or articles of food or live-stock or shall establish
or  maintain  a  private  slaughter-house  except  with  the  sanction  of  the
Commissioner who shall be guided in giving such sanction by the decisions
of  the  Corporation  at  the  time  in  force  under  sub-section  (1).

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

H  610-30

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Maharashtra Municipal Corporations Act

 [1949 : LIX

Lavy of
stallages,
rents and fees
in municipal
markets,
slaughter-
houses and
stock-yards.

(3)  When  the  establishment  of  a  private  market  or  a  slaughter-house
has  been  so  sanctioned,  the  Commissioner  shall  cause  a  notice  of  such
sanction to be affixed in such language or languages as the Corporation may
from time to time specify on some conspicuous spot on or near the building
or place where such market is to be held.

Explanation.—For the purpose of sub-section (2) the owner or occupier
of a place in which a private market or slaughter-house is established shall
be  deemed  to  have  established  such  market.

332. The  Commissioner  may,—

(a) charge for the occupation or use of any stall, shop, standing, shed
or pen or other building in a municipal market, slaughter-house or stock-
yard and for the right to expose goods for sale in a municipal market, and
for  weighing  and  measuring  goods  sold  in  any  such  market  and  for  the
right to slaughter animals in any municipal slaughter-house, such stallages,
rents and fees as shall from time to time be fixed by him, with the approval
of the Standing Committee, in this behalf;

(b) with the approval of the Standing Committee, farm the stallages,
rents and fees leviable as aforesaid or any portion thereof, for any period
not exceeding one year at a time; or

(c)  put  up  to  public  auction,  or,  with  the  approval  of  the  Standing
Committee, dispose of, by private sale, the privilege of occupying or using
any  stall,  shop,  standing,  shed  or  pen  or  other  building  in  a  municipal
market,  slaughter-house  or  stock-yard  for  such  term  and  on  such
conditions as he shall think fit.

Removal of
live cattle,
sheep, goats
or swine from
any municipal
slaughter-
house, stock-
yard, market
or premises.

333.

(1)  No  person  shall,  without  the  written  permission  of  the
Commissioner  and  without  the  payment  of  such  fees  as  may  be  prescribed
by  him,  remove  any  live  cattle,  sheep,  goats  or  swine  from  any  municipal
slaughter-house  or  stock-yard  or  from  any  municipal  market  or  premises
used or intended to be used for or in connection with such slaughter- house
or  stock-yard:

Provided that such permission shall not be required for the removal of
any  animal  which  has  not  been  sold  within  such  slaughter-house,  stock-
yard,  market  or  premises  and  which  has  not  been  within  such  slaughter-
house,  stock-yard,  market  or  premises  for  a  period  longer  than  that
prescribed under orders made by the Commissioner in this behalf, or which
has in accordance with any bye-law, been rejected as unfit for slaughter at
such  slaughter-house,  market  or  premises.

(2) Any  fee  paid  for  permission  under  sub-section  (1)  in  respect  of  any
animal  removed  to  a  Panjrapole  shall,  subject  to  the  orders  made  by  the
Commissioner  in  this  behalf,  be  refunded  on  the  production  of  a  certificate
from the Panjrapole authorities that such animal has been received in their
charge.

1949 : LIX]

Maharashtra Municipal Corporations Act

213

Power to expel
persons
contravening
rules, bye-laws
or standing
orders.

334.

(1) The  Commissioner  may  expel,  from  any  municipal  matket,
slaughter-house  or  stock-yard  any  person,  who  or  whose  servant  has  been
convicted  of  contravening  any  rule,  bye-law  or  standing  order  in  force  in
such  market,  slaughter-house  or  stock-yard  and  may  prevent  such  person,
by himself, or his servants, from further carrying on any trade or business
in such market, slaughter-house or stock-yard or occupying any stall, shop,
standing, shed, pen or other place therein, and may determine any lease or
tenure which such person may have in any such stall, shop, standing, shed,
pen  or  place.

(2) If the owner of any private market or slaughter-house licensed under
this Act or the lessee of such market or slaughter-house or any stall therein
or  any  agent  or  servant  of  such  owner  or  lessee  has  been  convicted  for
contravention  of  any  rule,  bye-law  or  standing  order,  the  Commissioner
may  require  such  owner,  lessee,  agent  or  servant  to  remove  himself  from
any such market or slaughter-house within such time as may be mentioned
in the requisition and if he fails to comply with such requisition, he may in
addition  to  any  penalty  which  may  be  imposed  on  him  under  this  Act,  be
summarily  removed  from  such  premises.

(3) If it appears to the Commissioner that in any such case the owner
or lessee is acting in collusion with a servant or agent convicted as aforesaid
who fails to comply with a requisition under sub-section (2) the Commissioner
may, if he thinks fit, cancel the licence of such owner or lessee in respect of
such  premises.

335.

(1)  No  person  shall  without  the  written  premission  of  the
Commissioner bring into the City any cattle, sheep, goats or swine intended
for  human  consumption,  or  the  flesh  of  any  such  animal  which  has  been
slaughtered at any slaughter-house or place not maintained or licensed under
this  Act.

Prohibition of
import of
cattle, etc., into
City without
permission.

(2) Any police officer may arrest without warrant any person bringing

in to the city any animal or flesh in contravention of sub-section (1).

(3) Any  animal  brought  into  the  City  in  contravention  of  this  section
may  be  seized  by  the  Commissioner  or  by  any  municipal  officer  or  servant
or by any police officer or in or upon railway premises by any railway servant
and  any  animal  or  flesh  so  seized  may  be  sold  or  otherwise  disposed  of  as
the  Commissioner  shall  direct  and  the  proceeds,  if  any,  shall  belong  to  the
Corporation.

(4) Nothing  in  this  section  shall  be  deemed  to  apply  to  cured  or

preserved  meat.

Inspection  of  Places  of  Sales,  etc.

336.

(1)  If  the  Commissioner  shall  have  reason  to  believe  that  any
animal intended for human consumption has been or is being or is likely to
be slaughtered, or that the flesh of any such animal is being sold or exposed
for sale, in any place or manner not duly authorised under the provisions of
this  Act,  the  Commissioner  may  at  any  time,  by  day  or  by  night,  without
notice, enter such place for the purpose of satisfying himself as to whether
any provision of this Act or of any bye-law is being contravened thereat and
may sieze any such animal or the carcass of such animal or such flesh found
therein.

Commi-
ssioner may
enter any
place where
slaughter of
animals or
sale of flesh
contrary to
the
provisions
of this Act
is
suspected.

H  610-30a

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Maharashtra Municipal Corporations Act

 [1949 : LIX

(2) The  Commissioner  may  remove  and  sell  by  auction  or  otherwise
dispose of any animal or the carcass of any animal or any flesh seized under
sub-section  (1).

(3) If within one month of such seizure the owner of the animal, carcass
or  flesh  fails  to  appear  and  prove  his  claim  to  the  satisfaction  of  the
Commissioner  or  if  such  owner  is  convicted  of  an  offence  under  this  Act  in
respect  of  such  animal  or  carcass  or  flesh  the  proceeds  of  any  sale  under
sub-section  (1)  shall  vest  in  the  Corporation.

(4) No  claim  shall  lie  against  any  person  for  compensation  for  any
damage  necessarily  caused  by  any  entry  made  under  sub-section  (1)  or  by
the  use  of  any  force  necessary  for  effecting  such  entry.

Commi-
ssioner to
provide for
inspection of
articles
exposed for
sale for
human food.

337.

It  shall  be  the  duty  of  the  Commissioner  to  make  provision  for
the  constant  and  vigilant  inspection  of  animals,  carcasses,  meat,  poultry,
game, flesh, fish, fruit, vegetables, corn, bread, flour, dairy produce and any
other article exposed or hawked about for sale or deposited in or brought to
any place for the purpose of sale or of preparation for sale and intended for
human  food  or  for  medicine,  the  proof  that  the  same  was  not  exposed  or
hawked  about  or  deposited  or  brought  for  any  such  purpose  or  was  not
intended  for  human  food  or  for  medicine  resting  with  the  party  charged.

Unwholesome
articles, etc.,
to be seized.

338.

(1)  The  Commissioner  may  at  all  reasonable  times  inspect  and
examine  any  such  animal  or  article  as  aforesaid  and  any  utensil  or  vessel
used  for  preparing,  manufacturing  or  containing  the  same.

(2)  If  any  such  animal  or  article  appears  to  the  Commissioner  to  be
diseased  or  unsound  or  unwholesome  or  unfit  for  human  consumption,  as
the case may be, or is not what it is represented to be, or if any such utensil
or vessel is of such kind or in such state as to render any article prepared,
manufactured  or  contained  therein  unwholesome  or  unfit  for  human
consumption,  he  may  seize  and  carry  away  such  animal,  article,  utensil  or
vessel,  in  order  that  the  same  may  be  dealt  with  as  hereinafter  provided
and he may arrest and take to the nearest police station any person in charge
of any such animal or article.

339.

If any meat, fish, vegetable or other article of a perishable nature
be  seized  under  section  338  and  the  same  is,  in  the  opinion  of  the
Commissioner,  diseased,  unsound,  unwholesome  or  unfit  for  human
consumption, as the case may be, the Commissioner shall cause the same to
be forthwith destroyed in such manner as to prevent its being again exposed
for  sale  or  used  for  human  consumption  and  the  expenses  thereof  shall  be
paid  by  the  person  in  whose  possession  such  article  was  at  the  time  of  its
seizure.

Disposal of
perishable
articles  seized
under section
338.

Saving of
Bombay
Animal
Preservation
Act, 1948.

340. Nothing in this Chapter shall be deemed to affect in any manner
the  operation  of  the  provisions  of  the  Bombay  Animal  Preservation  Act,
1948.

Bom.
LXXXI of
1948.

1949 : LIX]

Maharashtra Municipal Corporations Act

215

CHAPTER  XX.

THE TRANSPORT UNDERTAKING.

The  Operation  of  the  Undertaking  and  the  Construction  and  Maintenance
of  Works.

341. The  provisions  of  this  Chapter  shall  apply  in  the  event  of

Corporation  acquiring  or  establishing  a  Transport  Undertaking.

342.

(1)  Subject  to  the  superintendence  of  the  Transport  Committee
and of the Corporation, the Transport Manager shall manage the Transport
Undertaking and perform all acts necessary for the economical and efficient
maintenance,  operation,  administration  and  development  of  the
Undertaking.

(2) Without  prejudice  to  the  generality  of  the  foregoing  provision,  the
Transport Manager may, with the sanction of the Transport Committee and
subject  to  the  restrictions  or  conditions  imposed  by  this  Act,  either  within
or  without  the  City—

(a)  construct  or  acquire  Transport  Undertakings,  including
mechanically  propelled  transport  facilities  for  the  conveyance  of  the
public,  subject  to  the  provisions  of  the  *Motor  Vehicles  Act,  1939,  or  of
any other enactment for the time being in force and the conditions of any
licence,  permit  or  sanction  in  favour  of  the  Corporation  granted
thereunder;

(b)  construct  buildings  and  works  of  every  description  necessary  or
desirable for the operation or development of the Transport Undertaking;

(c) purchase or take on lease or hire or otherwise acquire any movable

or  immovable  property  or  rights;

(d) exercise  any  of  the  powers  of  a  licensee  holding  a  stage  permit
under  the  *Motor  Vehicles  Act,  1939,  which  the  Corporation  is  for  the
time  being  authorised  to  exercise  and  any  other  powers  exercisable  by
the  Corporation  under  the  said  Act  in  relation  to  the  provision  of
mechanically  propelled  transport  facilities  for  the  conveyance  of  the
public.

Fares  and  Charges.

343.

(1)  Fares  and  charges  shall  be  leviable  for  the  conveyance  of
passengers or for the carriage of goods by any means of transport provided
by  the  Transport  Undertaking  at  such  rates  as  may  from  time  to  time  be
fixed, subject to the provisions of any enactment for the time being in force
and  any  licence  granted  to  the  Corporation  thereunder,  by  the  Transport
Committee  with  the  approval  of  the  Corporation.

1[(2) A printed list in Marathi or English of all the fares and charges levied
for  the  time  being  under  this  section  shall  be  exhibited  in  a  conspicuous
place  inside  each  vehicle  used  by  the  Transport  Undertaking  for  the
conveyance  of  the  public.

* See now the Motor Vehicles Act, 1988.
1 Sub-sections (2) to (6) were substituted for original sub-sections (2) and (3) by Mah. 27 of

1975, s. 5.

IV of
1939.

IV of
1939.

Provisions of
this Chapter
when
applicable.

Management of
Undertaking by
Transport
Manager.

Levy of fares
and charges for
transport
services.

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Maharashtra Municipal Corporations Act

 [1949 : LIX

(3) The  fares  and  charges  levied  under  this  section  shall  be  paid  to
such  persons,  at  such  places  upon  or  near  the  prescribed  route  of  the
transport  service,  and  in  such  manner,  as  the  Transport  Committee  shall,
by  notice  to  be  annexed  to  the  aforesaid  list,  appoint.

(4) If  any  person  travelling  or  having  travelled  in  any  vehicle  of  the
Transport Undertaking avoids or attempts to avoid payment of his fare, or
any person having paid his fare for a certain distance knowingly and wilfully
proceeds  in  any  such  vehicle  beyond  that  distance  and  does  not  pay  the
additional  fare  for  the  additional  distance  or  attempts  to  avoid  payment
thereof, or any person knowingly and wilfully refuses or neglects, on arrival
at the point up to which he has paid his fare, to quit such vehicle, he shall,
on  conviction,  be  punished  with  fine  which  may  extend  to  1[fifty  rupees].
Such  person  shall  (in  addition  to  the  ordinary  single  fare  for  the  distance
which  he  has  travelled  or  where  there  is  any  doubt  as  to  the  stop  from
which  he  started,  the  ordinary  single  fare  from  the  stop  from  which  the
vehicle  originally  started  or  in  addition  to  any  difference  between  any  fare
paid  by  him  and  the  fare  payable  for  the  additional  distance),  be  liable  to
pay on demand of any officer or other servant of the Transport Undertaking
duly authorised in this behalf by the Transport Manager, an excess charge
of  a  sum  not  exceeding  1[fifty  rupees]  as  the  Transport  Manager,  with  the
approval  of  the  Transport  Committee,  may  determine  in  this  behalf.

(5) If  a  passenger  liable  to  pay  the  excess  charge  determined  under
the  last  preceding  sub-section  fails  or  refuses  to  pay  the  same  on  demand
being made therefor, the Transport Manager or any officer or other servant
duly  authorised  under  that  sub-section  may  apply  to  a  Judicial  Magistrate
for the recovery of the sum payable as if it were a fine, and that Magistrate,
if satisfied that the sum is payable, shall order it to be so recovered and, on
recovery,  to  be  paid  to  the  Transport  Manager.

(6) It shall be lawful for every municipal servant appointed under this
Chapter  and  all  persons  called  in  by  him  for  his  assistance,  to  arrest  and
take to the nearest police station any person who shall be discovered either
in or after committing or attempting to commit an offence under sub-section
(4)  and  whose  name  and  address  is  not  known  and  is  refused  by  him,  and
the  police  officer-in-charge  of  the  said  police  station  shall  adopt  such  legal
measures as may be necessary to cause the said person to be taken before a
Judical  Magistrate  with  the  least  possible  delay].

Acquisition  and  Disposal  of  Property.

Acquisition of
immovable
property.

344.

(1)  Whenever  it  is  necessary  or  expedient  for  the  purposes  of
the  Transport  Undertaking  that  the  Transport  Manager  shall  acquire  any
immovable  property,  such  property  may  be  acquired  by  the  Transport
Manager  on  behalf  of  the  Corporation  by  agreement  on  such  terms  and  at
such rates or prices or at rates or prices not exceeding such maxima as shall
be  approved  by  the  Transport  Committee  either  generally  for  any  class  of
cases  or  specially  in  any  particular  case.

1  These  words  were  substituted  for  the  words  “ ten  rupees ”  by  Mah.  20  of  1995,

s. 6.

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217

(2) Whenever the Transport Manager is unable to acquire any immovable

property under sub-section (1) by agreement, the  1[State] Government may,

in its discretion, upon the application of the Transport Manager made with

the approval of the Transport Committee and, subject to the other provisions

of  this  Act,  order  proceedings  to  be  taken  for  acquiring  the  same  on  behalf

of the Corporation as if such property were land needed for a public purpose

I of
1894.

within the meaning of the  *Land Acquisition Act, 1894.

(3)  The  amount  of  compensation  awarded  and  all  other  charges  incurred

in the acquisition of any such property shall, subject to the other provisions

of this Act, be forthwith paid by the Transport Manager and thereupon the

said property shall vest in the Corporation for the purposes of the Transport

Undertaking.

345. With respect to the disposal of property vesting in the Corporation

exclusively  for  the  purposes  of  the  Transport  Undertaking  the  following

provisions  shall  have  effect,  namely  :—

Provisions
governing
disposal  of
municipal
property.

(a) the Transport Manager may dispose of by sale, hire or otherwise,

any movable property belonging to the Corporation not exceeding in value,

in  each  instance,  two  thousand  rupees  or  such  higher  amount  as  the

Corporation  may  from  time  to  time  with  the  approval  of  the    1[State]

Government  determine  ;

(b)  the  Transport  Manager  may  grant  a  lease  of  any  immovable

property belonging to the Corporation for any period not exceeding twelve

months at a time :

Provided  that  every  lease  granted  by  the  Transport  Manager  (other

than a contract for a monthly tenancy) the annual rent whereof at a rack

rent  exceeds  three  thousand  rupees  shall  be  reported  by  him,  within

fifteen days after the same has been granted, to the Transport Committee ;

(c) with  the  sanction  of  the  Transport  Committee,  the  Transport

Manager  may  dispose  of,  by  sale  or  otherwise,  any  movable  property

belonging  to  the  Corporation  of  which  the  value  does  not  exceed  ten

thousand  rupees,  and  may  grant  a  lease  of  any  immovable  property

belonging to the Corporation for any period exceeding one year, or sell or

grant  a  lease  in  perpetuity  of  any  immovable  property  belonging  to  the

Corporation  the  value  whereof  does  not  exceed  fifty  thousand  rupees  or

the  annual  rental  whereof  does  not  exceed  three  thousand  rupees;

(d) with the sanction of the Corporation, the Transport Manager may

lease,  sell  or  otherwise  convey  any  property,  movable  or  immovable,

belonging  to  the  Corporation.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
*  Now  see  the  Right  to  Fair  Compensation  and  Transparency  in  Land  Acquisition  and

Resettlement Act, 2013 (30 of 2013).

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Officers  and  Servants.

Statement  of
permanent
officers and
servants to be
prepared by
Transport
Manager and
sanctioned by
Transport
Committee.

346.

(1) The Transport Manager shall, from time to time, prepare and

bring  before  the  Transport  Committee  a  statement  setting  forth  the

designations  and  grades  of  the  officers  and  servants,  who  should,  in  his

opinion,  be  permanently  maintained  for  the  purpose  of  the  Transport

Undertaking, and the amount and nature of the salaries, fees and allowances

which  he  proposes  should  be  paid  to  each.

(2)  The  Transport  Committee  shall  sanction  such  statement  either  as

it  stands  or  subject  to  such  modifications  as  it  deems  expedient :

Provided  that,—

(a)  no  new  permanent  office  of  which  the  minimum  monthly  salary

exclusive  of  allowances  exceeds  two  hundred  rupees  shall  be  created

without the sanction of the Corporation and no new office with a minimum

monthly  salary,  exclusive  of  allowances,  of  five  hundred  rupees  or  more

or  with  a  maximum  monthly  salary  exclusive  of  allowances  of  eight

hundred  rupees  or  more  shall  be  created  without  the  sanction  of  the

1[State]  Government;

(b) the Corporation may by resolution direct that the scales of pay of

any  specified  classes  or  grades  of  officers  or  servants  shall  not  be  varied

without the approval of the Corporation and, so long as such resolution is

in  force,  the  Transport  Committee  shall  not  authorise  any  variation  in

such  scales  without  such  approval.

Explanation.—An increase in the salary of any permanent office shall

be deemed, for the purpose of sub-section (2), to be the creation of a new

office if, by reason of such increase, the minimum monthly salary, exclusive

of  allowances,  exceeds  two  hundred  rupees  or  amounts  to  five  hundred

rupees  or  more,  as  the  case  may  be,  or  the  maximum  monthly  salary,

exclusive  of  allowances  amounts  to  eight  hundred  rupees  or  more.

Restriction on
appointment
of permanent
officers and
servants.

Creation of
temporary
posts.

347. No  permanent  officer  or  servant  shall  be  entertained  in  any

department of the Transport Undertaking unless his office and emoluments

are  included  in  the  statement  at  the  time  being  in  force  prepared  and

sanctioned  under  section  346.

348.

(1) The Transport Manager may create temporary posts carrying

a monthly salary, exclusive of allowances, not exceeding two hundred rupees

for a period of not more than six months and no such posts shall be continued

beyond  such  period  without  the  previous  sanction  of  the  Transport

Committee.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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219

(2) The  Transport  Committee  may  create  temporary  posts  carrying  a
monthly  salary,  exclusive  of  allowances,  exceeding  two  hundred  rupees  for
a period of not more than six months. The Committee shall forthwith report
to the Corporation the creation of every such post and no such post shall be
continued  beyond  a  period  of  six  months  without  the  previous  sanction  of
the  Corporation.

349. Subject  to  the  provisions  of  sections  347  and  348,  the  power  of
appointing municipal officers and servants for the purposes of the Transport
Undertaking shall vest in the Transport Manager if the minimum monthly
salary, exclusive of allowances, is less than two hundred rupees and in the
Transport  Committee  in  all  other  cases.

Power of
appointment in
whom to vest.

350.

(1)  Subject  to  the  provisions  of  the  regulations,  the  Transport
Manager may grant leave of absence to any officer or servant the power to
appoint whom vests in him and for a period not exceeding three months to
any other officer or servant appointed under the provisions of this Chapter.

Leave of
absence.

(2)  The  Transport  Committee  my  grant  leave  of  absence  for  a  period
exceeding  three  months  to  any  officer  or  servant  appointed  by  the
Committee.

REVENUE AND EXPENDITURE.

The  Transport  Fund.

351. Except  as  provided  in  section  91  all  moneys  received  by  or  on
behalf  of  the  Corporation  in  respect  of  the  operations  of  the  Transport
Undertaking shall be credited to a fund which shall be called “the City of —
Transport Fund” and which shall, subject to the provisions herein contained,
be held by the Corporation in trust for the purposes of the said undertaking.

Constitution of
Transport
Fund.

352. All moneys payable to the credit of the Transport Fund shall be
received  by  the  Transport  Manager  and  shall  be  forthwith  paid  into  the
Imperial Bank of India,  1[or any other scheduled bank]  2[or an approved co-
operative bank] to the credit of an account which shall be styled “the account
of the City of ............ Transport Fund” :

Transport
Manager to
receive
payments on
account of
Transport Fund
and to lodge
them in bank.

Provided  that  the  Transport  Manager  may,  subject  to  any  general  or
special directions issued by the Transport Committee, retain such balances
in cash as may be necessary for the operations of the Transport Undertaking:

3[Provided further that the amount of money to be paid into an approved
co-operative bank shall not exceed such amount as may be specified by the
State  Government  generally  or  specially  in  respect  of  any  approved  co-
operative  bank.]

1 These words were substituted for the words and figures “or such other bank or banks as the
Corporation may, with due sanction, have selected under section 83” by Bom. 10 of 1953, s.
5.

2 These words were inserted by Bom. 19 of 1954, s. 6(1).
3 This proviso was inserted by Bom. 19 of 1954, s. 6(2).

H  610-31

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How
Transport
Fund shall be
drawn
against.

353.

(1)  No  payment  shall  be  made  by  the  bank  aforesaid  out  of  the
Transport  Fund  except  on  a  cheque  signed  by  two  persons  in  the  manner
specified  below,  namely  :—

(a) by  the  Commissioner  or  by  the  Transport  Manager  or  in  the
absence  of  both  by  a  municipal  officer  whose  name  appears  in  a  list  of
officers authorised to sign cheques approved by the Transport Committee;

(b) by a municipal officer whose name appears in the said list, other

than an officer who may have signed the cheque under clause (a).

(2) Payment  of  any  sum  due  by  the  Corporation  out  of  the  Transport
Fund  in  excess  of  one  hundred  rupees  or  such  higher  amount  as  the
Transport Committee from time to time fixes generally or for any specified
class  of  payments  shall  be  made  by  means  of  a  cheque  signed  as  aforesaid
and not in any other way,

(3) Payments  not  covered  by  sub-section  (2)  may  be  made  by  the
Transport  Manager  in  cash,  and  cheques  for  sums  not  in  excess  of  two
thousand rupees each, signed as aforesaid, may be drawn from time to time
to  cover  such  payments.

Deposit of
portion of
Transport
Fund may be
made with
bank or
agency out of
City when
convenient.

354. Notwithstanding anything contained in sections 352 and 353, the
Transport  Manager  may,  with  the  previous  approval  of  the  Transport
Committee  from  time  to  time,  remit  to  and  deposit  with  a  bank  or  other
agency at any place beyond the City any portion of the Transport Fund, and
any moneys payable to the credit of the Transport Fund or chargeable there-
against,  which  can,  in  the  opinion  of  the  Transport  Manager,  be  most
conveniently paid into or out of the account of the Fund at any such bank or
agency may be so paid.

Only sums
covered by
budget grant
to be
expended
from
Transport
Fund.

355.

(1) Except as hereinafter provided, no payment of any sum shall
be  made  by  the  Transport  Manager  out  of  the  Transport  Fund,  unless  the
expenditure of the same is covered by a current budget-grant, and sufficient
balance of such budget-grant is still available, notwithstanding any reduction
or transfer  thereof  which may have been made under the rules.

(2)  The  following  items  shall  be  excepted  from  the  prohibition  in  sub-

section  (1),  namely :—

(a) sums  of  which  the  expenditure  has  been  sanctioned  by  the

Transport  Committee  under  section  102  ;

(b) repayments  of  moneys  belonging  to  contractors  or  other  persons
held in deposit and of moneys collected or credited to the Transport Fund
by  mistake;

(c) sums  which  the  Transport  Manager  is  under  the  provisions  of
this Act or any other enactment required or empowered to pay by way of
compensation;

(d) costs incurred by the Transport Manager under section 67 ;

(e) any sum required to make good to the Municipal Fund any payment
made by the Commissioner out of the Municipal Fund under the provisions
of  section  86  for  the  purpose  of  the  Transport  Undertaking.

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221

356. Whenever any sum is expanded by the Transport Manager under

clause  (c),  (d)  or  (e)  of  sub-section  (2)  of  section  355  he  shall  forthwith

communicate the circumstances to the Transport Committee who shall take

such  action  under  the  rules  or  recommend  to  the  Corporation  to  take  such

action  as  shall,  in  the  circumstances,  appear  possible  and  expedient  for

Procedure when
money not
covered by
budget grant is
expended under
clause (c), (d) or
(e) of sub-section
(2) of section
355.

covering  the  amount  of  the  additional  expenditure.

357. The  moneys  from  time  to  time  credited  to  the  Transport  Fund

shall be applied in payment of all sums, charges and costs necessary for the

purposes of acquiring, maintaining, operating and improving the Transport

Undertaking and of carrying into effect the provisions of this Chapter, or of

which the payment shall be duly directed or sanctioned by or under any of

Purposes for
which
Transport Fund
is to be applied.

the  provisions  of  this  Act,  inclusive  of,—

(a) the  repayment  to  the  Municipal  Fund  of  any  amount  disbursed

therefrom  for  the  purposes  of  the  Transport  Undertaking,  including  the

cost  of,  or  reasonable  charges  for,  all  supplies  provided  and  services

rendered for any such purposes by the Commissioner at the charge of the

Municipal  Fund;

(b) the payment to the Municipal Fund of a sum of money equivalent

to  the  sum  which  would  have  been  payable  under  this  Act  on  account  of

municipal  taxes  in  respect  of  lands  and  buildings  and  other  properties,

moveable and immoveable, of the Transport Undertaking if the said lands,

buildings  and  other  properties  had  not  vested  in  the  Corporation;

(c) the  payment  of  fees  to  the  Chairman  and  members  of  the

Transport  Committee,  and  the  salary  and  allowances  of  the  Transport

Manager;

(d) the  payment  of  salaries  and  allowances  of  all  municipal  officers

and  servants  appointed  under  the  provisions  of  this  Chapter  and  all

contributions  to  provident  funds,  pensions,  gratuities  and  compassionate

allowances  payable  under  the  provisions  of  this  Chapter  or  of  the

regulations or of any statement framed under this Act for the time being

in force ;

(e) the payment of all expenses and costs incurred by the Transport

Manager  in  the  exercise  of  any  power  or  the  discharge  of  any  duty

conferred or imposed upon him for the purposes of, or in connection with,

Transport  Undertaking  under  the  provisions  of  this  Act  or  of  any  other

enactment,  including  moneys  which  he  is  required  or  empowered  to  pay

by way of compensation ;

(f)  the  payment  of  every  sum  payable  under  a  decree  or  order  of  a

civil  or  criminal  court  passed  against  the  Corporation  or  against  the

Commissioner  or  the  Transport  Manager  ex-officio  in  any  proceeding

H  610-31a

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Maharashtra Municipal Corporations Act

 [1949 : LIX

Investment of
surplus
moneys.

Fixed annual
payment to
Municipal
Fund.

arising out of the acquisition, maintenance or operation of the Transport
Undertaking,  or  under  a  compromise  effected  under  section  481  of  any
suit  or  other  legal  proceeding  or  claim  arising  out  of  such  acquisition,
maintenance  or  operation  ;

(g)  every  sum  required  by  the  provisions  of  section  359  or  360  to  be

transferred  to  the  Municipal  Fund  ;

(h)  every sum chargeable under section 108.

358.

(1)  Surplus  moneys  at  the  credit  of  the  Transport  Fund  which
cannot  immediately  or  at  any  early  date  be  applied  to  the  purposes  of  this
Act  or  of  any  loan  raised  for  the  purposes  of  the  Transport  Undertaking
may  be,  from  time  to  time,  deposited  at  interest  in  the  Imperial  Bank  of
India  1[or  any  other  Scheduled  bank]  2[or  an  approved  co-operative  bank]
3[or  be  invested  in  public  securities]  :

4[Provided  that  the  amount  of  money  to  be  deposited  in  an  5[approved
co-operative bank] shall not exceed such amount as may be specified by the
State  Government  generally  or  specially  in  respect  of  any  approved  co-
operative  bank.]

(2) All  such  deposits  and  investments  shall  be  made  by  the  Transport
Manager  on  behalf  of  the  Corporation,  with  the  sanction  of  the  Transport
Committee, and, with the like sanction, the Transport Manager may at any
time  withdraw  any  deposit  so  made  or  dispose  of  any  securities  and  re-
deposit or re-invest the money so withdrawn, or the proceeds of the disposal
of  such  securities.

(3) The  loss,  if  any,  arising  from  any  such  deposit  or  investment  shall

be  debited  to  the  Transport  Fund.

Payments  out  of  Surplus  Balance.

359.

(1)  Out  of  the  balance  of  income  over  expenditure  remaining  at
credit  of  the  Revenue  Account  of  the  Transport  Fund  at  the  close  of  each
official year, after defraying or making allowance for all charges, costs and
expenses  payable  out  of  the  revenue  of  the  said  Fund  and  allowing  for  the
retention of the cash balance specified in, or for the time being fixed under,
section  98  to  the  credit  of  the  said  Fund,  there  shall  be  transferred  to  the
credit  of  the  Municipal  Fund  the  amount  provided  in  sub-section  (2) :

Provided  that  if  the  balance  at  credit  of  the  said  Revenue  Account,  after
allowing for the matters aforesaid, is less than the amount provided in sub-
section (2), the whole of such balance shall be transferred to the Municipal

1 These words were substituted for the words and figures “or such other bank as the Corporation

may with due sanction have selected under section 83” by Bom. 10 of 1953, s. 6.

2 These words were inserted by Bom. 19 of 1954, s. 7(1).
3 These words were added by Bom. 57 of 1953, s. 2.
4 This proviso was added by Bom. 19 of 1954, s. 7(2).
5  These  words  were  substituted  for  the  words  “approved  bank”  by  Bom.  58  of  1954,

s. 2, Schedule.

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223

Fund  and  any  deficit  shall  be  made  good  to  the  Municipal  Fund  out  of  the

Revenue Reserve Fund maintained under section 360 and if the deficit still

remains,  it  shall  be  made  good  to  the  Municipal  Fund  out  of  the  balance

available  at  credit  of  the  Revenue  Account  of  the  next  or  any  subsequent

year after allowing for all the matters aforesaid and for the amount provided

in sub-section (2) in respect of that year.

(2) The  amount  to  be  transferred  to  the  Municipal  Fund  under  sub-

section  (1)  shall  be  in  respect  of  each  official  year  such  sum  as  the

Corporation,  before  the  beginning  of  that  year,  may  determine.

(3) The  sum  to  be  transferred  under  sub-section  (1)  shall  be  paid  into

any  bank  with  which  the  Municipal  Fund  is  deposited  to  the  credit  of  the

said Fund by means of a cheque drawn upon the Transport Fund not later

than the thirtieth day of June immediately following the close of the year in

which the balance out of which the transfer is due to be made accrues.

360.

(1) If after making allowance for the matter mentioned in section

359  there  remains  any  further  surplus  balance  of  income  over  expenditure

at credit of the Revenue Account of the Transport Fund, such surplus shall

Disposal of
surplus
balance of
revenue.

be  disposed  of  as  follows  :—

(a) 30  per  cent.  of  the  surplus  shall  be  credited  under  a  separate

heading in the accounts maintained under section 361 to a special fund to

be  called  the  '  Revenue  Reserve  Fund  ',  unless  the  balance  in  the  said

Revenue  Reserve  Fund,  with  such  credit,  would  exceed  such  sum  as  the

Corporation  shall  with  the  sanction  of  the  1[State]  Government  fix,  in

which case only such sum, if any, as is required to bring the balance to the

sum so fixed shall be so credited and the remainder of the surplus, up to

30 per cent. thereof, shall be added in equal shares to the amounts credited

or transferred under clauses (b), (c) and (d) ;

(b) 30 per cent. of the surplus and such additional amount as may be

available  under  clause  (a)  shall  be  credited  under  a  separate  heading  in

the  accounts  maintained  under  section  361  to  a  special  fund  called  ‘ the

Transport  Betterment  Fund ’ ;

(c) 25 per cent. of the surplus and such additional amount as may be

available under clause (a) shall be transferred to the Municipal Fund for

credit  to  the  Welfare  Fund  constituted  under  the  rules  ;  and

(d) 15 per cent. of the surplus and such additional amount as may be

available  under  clause  (a)  shall  be  transferred  to  the  Municipal  Fund.

1 This words was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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Maharashtra Municipal Corporations Act

 [1949 : LIX

(2) The  Revenue  Reserve  Fund  shall  be  applied  to  the  following

purposes :—

(i) in making good or in reduction of any deficit in the amount to be

transferred in any year to the Municipal Fund under section 359 ; and

(ii) in meeting any charges to be defrayed out of the Transport Fund

to the extent to which the balance available in the Fund is insufficient for

the  purpose.

(3) The  Transport  Betterment  Fund  shall  be  applied  to  improvements

in  the  services,  amenities  and  facilities  provided  for  the  public  by  the

Transport  Undertaking.

(4) The amounts to be transferred to the Municipal Fund under clauses

(c)  and  (d)  of  sub-section  (1)  shall  be  paid  into  any  bank  with  which  the

Municipal  Fund  is  deposited  to  the  credit  of  the  said  Fund  by  means  of

cheques drawn upon the Transport Fund not later than the thirtieth day of

June  immediately  following  the  close  of  the  official  year  in  which  the

transfers are due to be made.

Accounts.

Accounts of
the Transport
Undertaking.

361. Accounts  of  the  receipts  and  expenditure  of  the  Corporation  on

account of the Transport Undertaking and of the properties vested or vesting

in the Corporation for the purposes of the said Undertaking shall be kept in

such manner and in such forms as the Transport Committee shall from time

to  time  prescribe.

Preparation of
annual
administra-
tion report
and
statement  of
accounts.

362.

(1)  The  Transport  Manager  shall,  as  soon  as  may  be  after  each

first  day  of  April,  have  prepared  a  detailed  report  of  the  administration  of

the  Transport  Undertaking  during  the  previous  official  year,  together  with

a  statement  showing  the  amount  of  the  receipts  and  disbursements

respectively  credited  and  debited  to  the  Transport  Fund  during  the  said

year and the balance at the credit of the Fund at the close of the said year as

also  an  account  of  the  balances  due  on  loans  and  shall  submit  the  same  to

the  Transport  Committee.

(2) After an examination and review of the report and statement by the

Transport  Committee,  a  copy  of  the  report  together  with  a  copy  of  the

Committee's  review  shall  be  forwarded  to  the  usual  or  last  known  address

of  each  councillor  and  copies  thereof  shall  be  delivered  to  any  person

requiring the same on payment of such reasonable fee for each copy as the

Transport Manager, with the previous approval of the Transport Committee,

shall  determine.

1949 : LIX]

Maharashtra Municipal Corporations Act

225

CHAPTER  XXI.

VITAL STATISTICS.

Registration  of  Births  and  Deaths.

363.

(1) The Medical Officer of Health shall be the Registrar General

of  the  City  for  the  purpose  of  registering  births  and  deaths.

Appointment of
Registrars.

(2)  The  Commissioner  may,  in  consultation  with  the  Registrar

General,—

(a) divide  the  City  into  such  and  so  many  divisions  as  he  may  from

time to time think fit;

(b) nominate  for  each  such  division  a  municipal  officer  to  be  the

Registrar of births and deaths ; and

(c) appoint  for  each  Registrar  a  suitable  station  as  his  office  within

the  division  for  which  he  is  appointed.

364.

(1) Such particulars as the Commissioner may from time to time
specify  regarding  births  and  deaths  shall  be  entered  in  spearate  register
books  of  births  and  register  books  of  deaths  which  shall  be  maintained  by
the Registrar General or, if the City has been divided into divisions, by the
Registrar  of  each  division.

Register books
to be
maintained.

Registrars to
inform
themselves of
all births and
deaths.

(2) The Commissioner shall specify the forms of the registers required
to  be  maintained  under  sub-section  (1)  and  the  manner  in  which  such
registers  shall  be  maintained.

365.

(1) It shall be the duty of the Registrar General or, if the City is
divided into divisions under section 363, of the Registrar of each division to
inform himself carefully of every birth and death which shall happen in the
City or in his division, as the case may be, and of the particulars concerning
the  same  required  to  be  registered  under  section  364,  and  shall,  as  soon
after each such birth or death as conveniently may be, register the same in
the  book  maintained  for  the  purpose  without  making  any  charge  or
demanding  or  receiving  any  fee  or  reward  for  so  doing  other  than  his
remuneration  as  a  municipal  officer.

(2)  Other  municipal  officers,  besides  the  Registrar  General  and  the
Registrars, may be appointed, with the duty of informing themselves of every
birth  or  of  every  death  or  of  every  birth  and  every  death  in  the  division  to
which  they  are  respectively  appointed  and  of  the  particulars  concerning
the  same  required  to  be  registered,  and  of  submitting  such  information  to
the Registrar General or the Registrar of the said division, as the case may
be,  or  to  such  other  person  as  the  Commissioner  directs.

366.

It shall be the duty of the father and mother of every child born
in  the  City  and,  in  default  of  the  father  and  mother,  of  the  occupier  of  the
premises  in  which  to  his  knowledge  the  child  is  born,  and  of  each  person
present at the birth and of the person having charge of the child, to give, to
the best of his knowledge and belief, to the Registrar General or, if the City
has  been  divided  into  divisions,  to  the  Registrar  of  the  division  or  to  a

Information of
birth to be
given wihin
seven days.

226

Maharashtra Municipal Corporations Act

 [1949 : LIX

municipal officer appointed under section 365 within seven days after such

birth  information  of  the  particulars  required  to  be  registered  concerning

such birth :

Provided  that,—

(a)  in  the  case  of  an  illegitimate  child,  no  person  shall,  as  father  of

such  child,  be  required  to  give  information  under  this  Act  concerning

the birth or such child, and the Registrar General or Registrar, as the

case may be, shall not enter in the register the name of any person as

father of such child, unless at the joint request of the mother and of the

person  acknowledging  himself  to  be  the  father  of  such  child,  and  such

person  shall  in  such  case  sign  the  register  together  with  the  mother  ;

(b) a person required to give information only in default of some other

person  shall  not  be  bound  to  give  such  information  if  he  believed  and

had  reasonable  grounds  for  believing  that  such  information  had  been

given ;

(c) when a child is born in any hospital, the officer in charge thereof

shall  be  bound  to  forward  forthwith  to  the  Registrar  General  or

Registrar, as the case may be, a report of such birth in such form as the

Registrar  General  may  from  time  to  time  specify.

Information
respecting
finding of
new-born
child to be
given.

367.

In case any new-born child is found exposed, it shall be the duty

of  any  person  finding  such  child  and  of  any  person  in  whose  charge  such

child  may  be  placed  to  give,  to  the  best  of  his  knowledge  and  belief,  to  the

Registrar  General  or  Registrar  or  other  municipal  officer  aforesaid,  within

seven days after the finding of such child, such information of the particulars

required to be registered concerning the birth of such child as the informant

possesses.

Information of
death to be
given.

368.

(1) It shall be the duty of the nearest relative of any person dying

in the City present at the death, or in attendance during the last illness, of

the deceased and, in default of such relative, of each person present at the

death,  and  of  the  occupier  of  the  premises  in  which,  to  his  knowledge,  the

death took place, and, in default of the persons hereinbefore in this section

mentioned,  of  each  inmate  of  such  premises  to  give  to  the  best  of  his

knowledge and belief to the Registrar General or, if the City has been divided

into  divisions  under  section  363,  to  the  Registrar  of  the  division  in  which

the death took place or to an officer appointed under section 365 information

of  the  particulars  required  to  be  registered  concerning  such  death  within

twenty  four  hours  of  its  occurrence  :

Provided that if the cause of death is known to be a dangerous disease

the  information  aforesaid  shall  be  given  within  twelve  hours  of  its

occurrence.

1949 : LIX]

Maharashtra Municipal Corporations Act

227

369.

In the case of a person who has been attended in his last illness
by a duly qualified medical practitioner, that practitioner shall within three
days of his becoming congnisant of the death of such person sign and forward
to the Registrar General a certificate of the cause of such person's death, in
such form as shall from time to time be prescribed by the Commissioner in
this  behalf,  and  the  cause  of  death  as  stated  in  such  certificate  shall  be
entered  in  the  register,  together  with  the  name  of  the  certifying  medical
practitioner.

Medical
practitioner
who attended a
deceased
person to
certify cause of
his death.

370.

(1) Any  clerical  error  which  may  at  any  time  be  discovered  in  a
register of births or in a register of deaths may be corrected by any person
authorised  in  that  behalf  by  the  Commissioner.

Correction of
errors in
registers of
births or
deaths.

(2) An error of fact or substance in any such register may be corrected
by any person authorised as aforesaid by entry in the margin, without any
alteration  of  the  original  entry,  upon  production  to  the  Commissioner,  by
the  person  requiring  such  error  to  be  corrected,  of  a  declaration  on  oath
setting  forth  the  nature  of  the  error  and  the  true  facts  of  the  case,  made
before a Magistrate by two persons required by this Act to give information
concerning  the  birth  or  death  with  reference  to  which  the  error  has  been
made  or,  in  default  of  such  persons,  by  two  credible  persons  having
knowledge of the case, and certified by such Magistrate to have been made
in  his  presence.

(3) Except as aforesaid no alteration shall be made in any such register.

371.

(1) When the birth of any child has been registered and the name,
if any, by which it was registered, is altered or, if it was registered without
a name, when a name is given to it, the parent or guardian of such child or
other person procuring such name to be altered or given may, within twelve
months  next  after  the  registration  of  the  birth,  deliver  to  the  Registrar
General  or,  if  the  City  is  divided  into  divisions  under  section  363,  to  the
Registrar of the division in which the birth was registered, such certificate
as hereinafter mentioned, and the Registrar General or Registrar upon the
receipt  of  that  certificate  shall,  without  any  erasure  of  the  original  entry,
forthwith  enter  in  the  register-book  the  name  mentioned  in  the  certificate
as having been given to the child.

(2) The certificate shall be in such form as the Commissioner may from
time to time prescribe, and, in the case of a Christian, shall be signed by the
minister or person who performed the rite of baptism upon which the name
was  given  or  altered,  or,  if  the  child  is  not  baptised  or  is  not  a  Christian,
shall be signed by the father, mother or guardian of the child or other person
procuring  the  name  of  the  child  to  be  given  or  altered.

(3) Every  minister  or  person  who  performs  the  rite  of  baptism  shall
deliver the certificate required by this section on demand, on payment of a
fee  not  exceeding  one  rupee.

H  610-32

Registration of
name of child or
of alteration of
name.

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Maharashtra Municipal Corporations Act

 [1949 : LIX

CHAPTER  XXII.

LICENCES AND PERMITS.

I. Licensing  of  Surveyors,  Architects  or  Engineers,  Structural

Designers,  Clerks  of  Works  and  Plumbers.

Grant of
licenses to
Architects or
Engineers,
Structural
Designers,
Plumbers and
Clerks of
Works.

372.

(1)  The  Commissioner  may  grant  to  any  person  he  thinks  fit  a

renewable  licence  for  a  period  of  one  year  to  act  as  (i)  Surveyor,  (ii)  an

Architect or Engineer, (iii) Structural Designer, (iv) Clerk of Works, or (v) a

Plumber  for  the  purposes  of  this  Act.

(2) No licence shall be granted under sub-section (1) unless the person

has  the  qualifications  or  experience,  or  both,  as  may  be  prescribed  by  by-

laws.

(3) No application for a licence shall be refused if the applicant has the

qualifications and experience prescribed by by-laws except upon the ground

that the applicant is unfit, through incompetency, misconduct or other grave

reason,  to  hold  such  licence.

(4) If  the  Commissioner  refuses  any  application  for  a  licence  under

sub-section  (3),  he  shall,  at  the  request  of  the  applicant,  furnish  such

applicant  with  his  reasons  for  such  refusal  in  writting  under  his  signature

without  charge.

Orders may
be prescribed
for guidance of
surveyors, etc.

373.

(1)  The  Commissioner  may  with  the  approval  of  the  Standing

Committee  from  time  to  time  issue  orders  for  the  guidance  of  Licensed

Surveyors,  Architects  or  Engineers,  Structural  Designers,  Clerks  of  Works

and  Plumbers,  respectively.

(2) Copies of all orders so prescribed for the time being in force shall be

kept on sale at the municipal head office at such price as the Commissioner

may  fix  and  a  copy  thereof  shall  be  kept  available  for  inspection  at  all

reasonable  times  at  such  office.

374. The  Standing  Committee  may  from  time  to  time  prescribe  the

fees  or charges to  be  paid to licensed plumbers for any work done by them

under or for any purpose of this Act, and no licensed plumber shall demand

or  receive  more  than  the  fee  or  charge  so  prescribed  for  any  such  work.

375. No  licensed  plumber  shall  execute  any  work  under  this  Act

carelessly or negligently or make use of any bad material, appliance or fitting

for  the  purpose  of  such  work.

Fees and
charges of
licenced
plumbers to
be prescribed
by Standing
Committee.

Licensed
plumber to
be bound to
execute
work
properly.

1949 : LIX]

Maharashtra Municipal Corporations Act

229

II.  Trade  licenses  and  other  licences  for  keeping  animals  and  certain
articles.

376.

(1) Except under and in conformity with the terms and conditions

of  licence  granted  by  the  Commissioner,  no  person  shall,—

(a) keep in or upon any premises any article specified in the rules,—

(i) in any quantity or in excess of the quantity specified in the rules
as the maximum quantity of such article which may at one time be kept
in or upon the same premises without a license, and

(ii) for any purpose whatever or for sale or for other than domestic

use as may be specified in the case of each article in the rules ;

(b) keep in or upon any buildings intended for or used as a dwelling
or within fifteen feet of such building cotton, in pressed bales or boras or
loose,  in  quantity  exceeding  four  hundred-weight;

(c) keep, or allow to be kept, in or upon any premises, horses, cattle

Certain things
not to be kept,
and certain
trades and
operations not
to be carried on,
without licence.

or  other  four  footed  animals,—

(i) for sale,

(ii) for letting out in hire,

(iii)  for  any  purpose  for  which  any  charge  is  made  or  any

remuneration  is  received,  or

(iv)  for  sale  of  any  produce  thereof;

(d) carry on, or allow to be carried on, in or upon any premises—

(i)  any  of  the  trades  or  operations  connected  with  any  trade

specified  in  the  rules  ;

(ii) any trade or operation which in the opinion of the Commissioner
is dangerous to life or health or property, or likely to create a nuisance
either  from  its  nature,  or  by  reason  of  the  manner  in  which,  or  the
conditions  under  which,  the  same  is,  or  is  proposed  to  be,  carried  on  ;

(e) carry  on  within  the  City,  or  use  any  premises  for,  the  trade  or

operation  of  a  farrier.

(2) A person shall be deemed to have known that a trade or operation
is,  in  the  opinion  of  the  Commissioner,  dangerous  or  likely  to  create  a
nuisance  within  the  meaning  of  paragraph  (ii)  of  caluse  (d)  of  sub-section
(1), after written notice to that effect, signed by the Commissioner, has been
served  on  such  person  or  affixed  to  the  premises  to  which  it  relates.

(3) A person shall be deemed to carry on or to allow to be carried on a
trade  or  operation  within  the  meaning  of  clause  (d)  of  sub-section  (1)  if  he
does  any  act  in  furtherance  of  such  trade  or  is  in  any  way  engaged  or
concerned  therein  whether  as  principal,  agent,  clerk,  master,  servant,
workman,  handicraftsman  or  otherwise.

(4) When any premises are used in the manner described in clause (c)
or  (d)  of  sub-section  (1)  it  shall  be  presumed,  until  the  contrary  is  proved,
that the owner or occupier of such premises, or both the owner and accupier
have  permitted  such  use.

H  610-32a

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Maharashtra Municipal Corporations Act

 [1949 : LIX

(5) It  shall  be  in  the  discretion  of  the  Commissioner,—

(a) to grant any licence referred to in sub-section (1) subject to such

restrictions  or  conditions  (if  any)  as  he  shall  think  fit  to  prescribe,  or

(b) to  withhold  any  such  licence.

(6) Every  person  to  whom  a  licence  is  granted  by  the  Commissioner
under  sub-section  (3)  shall  keep  such  licence  in  or  upon  the  premises,  if
any, to which it relates.

(7) The Commissioner may at any time by day or night enter or inspect
any  premises  for  the  use  of  which  a  licence  has  been  granted  under  this
section.

(8) Nothing in this section shall be deemed to apply to mills for spinning
or  weaving  cotton,  jute,  wool  or  silk,  or  to  any  other  large  mill  or  factory
which  the  Commissioner  may  from  time  to  time  with  the  approval  of  the
Standing  Committee  specially  exempt  from  the  operation  therof.

l[376A. Wherever  the  Commissioner  is  of  opinion  that  the  use  of  any
premises  for  any  of  the  purposes  specified  in  sub-section  (1)  of  section  376
is dangerous to life, health or property or is causing a nuisance either from
its  nature  or  by  reason  of  the  manner  in  which  or  the  conditions  under
which the use is made and such danger or nuisance should be immediately
stopped,  the  Commissioner  may,  notwithstanding  anything  contained  in
section  376,  require  the  owner  or  occupier  of  the  premises  to  stop  such
danger  or  nuisance  within  such  time  specified  in  such  requisition  as  the
Commissioner  considers  reasonable,  and  in  the  event  of  the  failure  of  the
owner  or  occupier  to  comply  with  such  requisition,  the  Commissioner  may
himself or by an officer subordinate to him cause such use to be stopped.]

III.  Licences  for  sale  in  municipal  markets.

377.

(1)  No  person  shall,  without  a  licence  from  the  Commissioner,

sell or expose for sale any animal or article in any municipal market.

(2)  Any  person  contravening  this  section  may  be  summarily  removed

by  the  Commissioner  or  by  any  municipal  officer  or  servant.

IV.  Licences  for  private  markets.

378.

(1) No person shall without, or otherwise than in conformity with

the terms of, a licence granted by the Commissioner in this behalf—

(a)  keep  open,  or  permit  to  be  kept  open,  a  private  market ;

(b) use or permit to be used any place in the City as a slaughter-house

or for the slaughtering of any animal intended for human food ;

1 Section 376-A was inserted by Bom. 34 of 1955, s.2.

Power to stop
use of
premises
where such
use is
dangerous or
causes
nuisance.

Prohibition of
sale in
municipal
markets
without
licence of
Commi-
ssioner.

Private
markets not
to be kept
open without
licence.

1949 : LIX]

Maharashtra Municipal Corporations Act

231

(c)  use  or  permit  to  be  used  any  place  without  the  City,  whether  as  a

slaughter-house or otherwise, for the slaughtering of any animal intended

for human food to be consumed in the City :

Provided  that,—

(i) the Commissioner shall not refuse a licence for keeping open a

private market lawfully established at the appointed day if application

for such licence is made within two months thereof except on the ground

that  the  place  where  the  market  is  held  fails  to  comply  with  any

requirement of this Act or of the rules, by-laws or standing orders ;

(ii) the Commissioner shall not cancel or suspend or refuse to renew

any licence for keeping open a private market for any cause other than

the  failure  of  the  owner  thereof  to  comply  with  some  provision  of  this

Act, or with some standing order or with some by-law ;

(iii) the Commissioner may cancel or suspend any licence for failure

of  the  owner  of  a  private  market  to  give  in  accordance  with  the

conditions of his licence a written receipt for any stallage, rent, fee, or

other  payment  received  by  him  or  his  agent  from  any  person  for  the

occupation  or  use  of  any  stall,  shop  standing,  shed,  pen  or  other  place

therein  ;

(iv)  nothing  in  this  section  shall  be  deemed  to  prevent  the

Commissioner  from  granting  written  permission  for  the  slaughter  of

an animal in any place that he thinks fit, on the occasion of any festival

or  ceremony  or  under  special  circumstances.

(2)  When  the  Commissioner  has  refused,  cancelled  or  suspended  any

licence to keep open a private market, he shall cause a notice of his having

so done to be affixed in such language or languages as the Corporation may

from time to time specify on some conspicuous spot on or near the building

or  place  where  such  market  has  been  held.

379. No  person  who  knows  that  any  private  market  has  been

established without the sanction of the Commissioner, or is kept open after

a licence for keeping the same open has been refused, cancelled or suspended

by  the  Commissioner,  shall  sell  or  expose  for  sale  therein  any  animal  or

Prohibition of
sale in
unauthorised
private
markets.

articles  of  human  food,  or  any  live-stock  or  food  for  live-stock.

380. No person shall slaughter any cattle, horses, sheep, goats or pigs

for  removing  the  skin  thereof  or  cut  up  the  carcass  of  any  such  animal  at

any place outside a municipal slaughter-house or a licensed slaughter-house

otherwise  than  in  conformity  with  the  written  permission  of  the

Slaughter of
animals for
skins.

Commissioner.

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Maharashtra Municipal Corporations Act

 [1949 : LIX

Prohibition of
sale of
animals, etc.,
except in
market.

V.  Licences  for  sale  of  Articles  of  Food  outside  of  Markets.

381. No  person  shall,  without  a  licence  from  the  Commissioner,  sell  or

expose  for  sale—

(a) any  four-footed  animal  or  any  meat  or  fish  intended  for  human

food, in any place other than a municipal or private market ;

(b) ices  and  aerated  waters,  kulfi,  sugar-cane  juice,  cut  or  peeled
fruit and vegetables, any confectionary or sweetmeats whatsoever or such
other  cooked  food  or  other  articles  intended  for  human  consumption  as
may from time to time by public notice be specified by the Commissioner,
in any place other than a municipal or private market of licensed eating
house  or  sweetmeat  shop.

VI.  Licensing  of  Butchers,  etc.

Butchers and
persons who
sell flesh of
animals to be
licensed.

382. No  person  shall  without,  or  otherwise  than  in  conformity  with

the terms of, a licence granted by the Commissioner in this behalf—

(a) carry  on  within  the  City,  or  at  any  municipal  salughter-house,

the trade of a butcher ;

(b) use  any  place  in  the  City  for  the  sale  of  the  flesh  of  any  animal
intended  for  human  consumption  or  any  place  without  the  City  for  the
sale of such flesh for consumption in the City.

VII.  Licences  for  dairy  products.

Licence
required for
dealing in
dairy produce.

383. No  person  shall  without,  or  otherwise  than  in  conformity  with

the terms of, a licence granted by the Commissioner in this behalf—

(a) carry on within the City the trade or business of a dairyman,

(b) use  any  place  in  the  City  as  a  dairy  or  for  the  sale  of  any  dairy

produce.

VIII.  Licences  for  hawking,  etc.

Licences for
sale in public
places.

Licences for
use of skill in
handicraft or
rendering
services for
purposes of
gain in public
place or
street.

384. Except  under  and  in  conformity  with  the  terms  and  provisions
of a licence granted by the Commissioner in this behalf, no person shall use
any public place or any public street for the purpose of hawking or exposing
for  sale,  any  article  whatsoever,  whether  it  be  for  human  consumption  or
not.

385. Except  under  and  in  conformity  with  the  terms  and  provisions
of a licence granted by the Commissioner in this bahalf, no person shall, for
purposes  of  gain,  use  any  public  place  or  public  street  for  the  purpose  of
using  his  skill  in  any  handicraft  or  in  rendering  services  to  and  for  the
convenience  of  the  public.

IX.  General  provisions  regarding  licences  and  permits.

General
provisions
regarding
grant,
suspension or
revocation of
licences and
written
permissions
and levy of
fees, etc.

386.

(1) Whenever  it  is  provided  by  or  under  this  Act  that  a  licence
or a written permission may be given for any purpose, such licence or written
permission  shall  specify  the  period  for  which,  and  the  restrictions  and
conditions  subject  to  which,  the  same  is  granted  and  the  date  by  which  an
application  for  the  renewal  of  the  same  shall  be  made  and  shall  be  given
under  the  signature  of  the  Commissioner  or  of  a  municipal  officer
empowered  under  section  69  to  grant  the  same.

1949 : LIX]

Maharashtra Municipal Corporations Act

233

(2) Except as may otherwise be provided by or under this Act, for every
such  licence  or  written  permission  a  fee  may  be  charged  at  such  rate  as
shall from time to time be fixed by the Commissioner, with the sanction of
the  Corporation.

(3) Subject to the provisions of the proviso to sub-section (1) of section
378,  any  licence  or  written  permission  granted  under  this  Act  may  at  any
time be suspended or revoked by the Commissioner, if he is satisfied that it
has  been  secured  by  the  holder  through  misrepresentation  or  fraud  or  if
any  of  its  restrictions  or  conditions  is  infringed  or  evaded  by  the  person  to
whom  the  same  has  been  granted,  or  if  the  said  person  is  convicted  of  an
infringement  of  any  of  the  provisions  of  this  Act  or  of  any  rule,  by-law  or
standing  order  in  any  matter  to  which  such  licence  or  permission  relates.

(4) When  any  such  licence  or  written  permission  is  suspended  or
revoked,  or  when  the  period  for  which  the  same  was  granted  has  expired,
the person to whom the same was granted shall, for all purposes of this Act,
be  deemed  to  be  without  a  licence  or  written  permission,  until  the
Commissioner’s  order  for  suspending  or  revoking  the  licence  or  written
permission is cancelled by him or until the licence or written permission is
renewed, as the case may be :

Provided that, when an application has been made for the renewal of a
licence  or  permission  by  the  date  specified  therein,  the  applicant  shall  be
entitled  to  act  as  if  it  has  been  renewed,  pending  the  receipt  of
orders.

(5) Every  person  to  whom  any  such  licence  or  written  permission  has
been  granted  shall,  at  all  reasonable  times,  while  such  written  permission
or  licence  remains  in  force,  if  so  required  by  the  Commissioner,  produce
such  licnece  or  written  permission.

(6) Every  application  for  a  licence  or  permission  shall  be  addressed  to

the  Commissioner.

(7) The acceptance by or on behalf of the Commissioner of the fee for a
licence or permission shall not in itself entitle the person paying the fee to
the  licence  or  permission.

CHAPTER  XXIII.

POWER OF ENTRY AND INSPECTION.

387.

(1) The Commissioner may enter into or upon any premises, with
or  without  assistants  or  workmen,  which  he  is  empowered  by  or  under  the
provisions  of  this  Act  or  the  rules  to  enter  or  inspect  or  in  order  to  make
any  inspection,  survey,  measurement,  valuation  or  inquiry  or  to  execute
any work which is authorised by or under this Act or which it is necessary
for any of the purposes, or in pursuance of any of the provisions, of this Act
or of any rules, by-laws, regulations or standing orders thereunder to make
or  execute.

(2) Without  prejudice  to  the  generality  of  the  provisions  of  sub-section
(1),  the  Commissioner  or  any  municipal  officer  or  servant  authorised  by
him in this behalf shall have power to enter and inspect any place or article
in the following cases, namely :—

(a) any  stable,  garage,  coach  house  or  any  place  where  any  vehicle,

boat or animal liable to tax is kept–under section 145 ;

Power of entry
and inspection.

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(b) any land whereon any municipal drain has been or is proposed to

be  constructed–under  section  155  ;

(c) any  land  belonging  to  any  person  for  the  purpose  of  emptying  his

own drain into a municipal drain–under sections 159,161,167 and 168 ;

(d) any  land  whereon  shafts  or  pipes  for  ventilating  drains  are

required  to  be  fixed–under  section  175  ;

(e) drains,  ventilators,  shafts,  pipes,  cess-pools,  latrines,  urinals,

bathing  and  washing  places–under  section  181;

(f) any land which provides access to any municipal water work-under

section  191;

(g) any premises which are suspected to have been used for any trade

or  keeping  any  article  in  contravention  of  section  376  ;

(h)  any  premises  for  the  use  of  which  a  licence  is  required  and  has

been  granted  under  the  provisions  of  this  Act;

(i) any building during its erection or any work during its execution;

(j)  any  premises  which  are  provided  by  the  Corporation  for  the

residence  of  municipal  officers  and  servants.

Time of
making entry.

388.

(1) No such entry shall be made within sunset and sunrise :

Provided that in any case in which it has been expressly provided by or

under this Act such entry may be made by day or night.

(2) Except  as  otherwise  expressly  provided  by  or  under  this  Act,  no
building used as a human dwelling shall be entered unless with the consent
of the occupier thereof without giving him at least six hours notice in writing
of the intended entry and, except when it is deemed inexpedient to mention
the  purpose  thereof,  of  such  purpose.

(3) When  such  premises  may  otherwise  be  entered  without  notice,
sufficient  notice  shall  be  given  in  every  instance  to  enable  the  inmates  of
any  apartment  appropriated  to  females  to  remove  themselves.

(4) Due  regard  shall  always  be  had,  so  far  as  may  be  compatible  with
the exigencies of the purpose for which the entry is made, to the social and
religious  usages  of  the  occupants  of  the  premises  entered.

(5) No  claim  shall  lie  against  any  person  for  compensation  for  any
damage necessarily caused by an entry under sub-section (7) of section 376
or by the use of any force necessary for effecting such entry.

CHAPTER  XXIV.

COMPENSATION.

Doing
minimum
damage in
certain cases.

389.

(1)  In  the  exercise  of  the  powers  under  the  following  provisions
of this Act by the Commissioner or any other municipal officer or servant or
any  other  person  authorised  by  or  under  this  Act  to  execute  any  work,  as
little  damage  as  can  be  shall  be  done  and  compensation  assessed  in  the
manner  prescribed  by  or  under  this  Act  shall  be  paid  to  any  person  who
sustains damage in consequence of the exercise of such powers, namely :—

(a) carrying any municipal drain through, across or under any street
or  any  place  laid  out  as  or  intended  for  a  street  or  across  any  cellar  or
vault under any street— under sub-section (1) of section 155 ;

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Maharashtra Municipal Corporations Act

235

(b)  entering  upon  and  constructing  any  new  drain  or  reparing  or
altering  any  municipal  drain  already  constructed—under  sub-section  (2)
of section 155 ;

(c)  affixing  of  pipes  or  shafts  for  the  purpose  of  ventilation  of  any
drain or cesspool to any building or tree— under sub-section (1) of section
175;

(d)  opening  of  any  ground,  any  portion  of  a  drain,  any  portion  of  a

building or any work exterior to a building— under section 182 ;

(e)  entering  upon,  and  passing  through  any  land  in  the  vicinity  of  a
water  work  or  conveying  or  causing  to  be  conveyed  men,  materials  and
tools  through  such  land—  under  section  191;

(f) acquiring any building or land required for a public street— under

section 216 ;

(g)  removing  or  altering  a  structure  or  fixture—under  sub-section

(4) of section 226, sub-section (3) of section 227 and section 232 ;

(h)  the  rounding  or  spraying  of  a  building  at  the  corner  of  two  or

more  streets—under  section  243  ;

(i)  cutting  into,  laying  open  or  pulling  down  any  building  or  work—

under  section  261 ;

1[(ii)  the  demolition  or  alteration  of  a  hut  or  shed—  under  section

263A ;]

(j)  the  demolition  of  an  obsertuctive  building—under  section  304;
(k) the destruction of an insanitary hut or shed— under section 317;
(l)  the  destruction  of  any  property  in  exercise  of  the  powers  vested
in  the  Commissioner  for  preventing  a  dangerous  or  infectious  desease—
under  section  319;

(m)  the  exercise  of  powers  or  execution  of  any  work  in  regard  to
which  no  express  provision  occurs  in  the  Act,  rules  or  by-laws  for  the
payment  of  compensation.

(2) If in the exercise of the powers under section 191 damage is caused
by  an  act  of  an  officer  of  the  2[State]  Government,  compensation  shall  be
payable  by  the  2[State]  Government.

390. Subject  to  the  provisions  of  this  Act,  the  Commissioner  or  such
other officer as may be authorised by him in this behalf shall, after holding
such  inquiry  as  he  thinks  fit,  determine  the  amount  of  compensation  to  be
paid  under  section  389.

Commissioner
to determine
compensation.

391. Any  person  aggrieved  by  the  decision  of  the  Commissioner  or
other officer under section 390 may, within a period of one month, appeal to
the  Judge  in  accordance  with  the  provisions  of  Chapter  XXVI.

Appeal.

CHAPTER  XXV.
PENALTIES.

392.

(1)  Whoever,—

(a) contravenes  any  provision  of  any  of  the  sections,  sub-sections  or
clauses mentioned in the first column of Part I of the table in Appendix II
or  of  any  regulation  or  order  made  thereunder,  or

Certain
offences
punishable
with fine.

1 This clause was inserted by Bom. 19 of 1956, s.3.
2  This  word  was  substituted  for  the  word  “Provincial”  by  the  Adaption  of  Laws

Order, 1950.

H  610-33

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(b) fails  to  comply  with  any  requisition  lawfully  made  upon  him

under  any  of  the  said  sections,  sub-sections  or  clauses,

shall be punished, for each such offence, with fine which may extend to the
amount mentioned in that behalf in the second column of the said Part.

(2)  Whoever,  after  having  been  convicted  of,—

(a) contravening  any  provision  of  any  of  the  sections,  sub-sections
or clauses mentioned in the first column of Part II of the table in Appendix
II  or  of  any  regulation  or  order  made  thereunder,  or

(b) failing  to  comply  with  any  requisition  lawfully  made  upon  him

under  any  of  the  said  sections,  sub-sections  or  clauses,

continues to contravene the said provision or to neglect to comply with the
said  requisition  or  fails  to  remove  or  rectify  any  work  or  thing  done  in
contravention  of  the  said  provision,  as  the  case  may  be,  or  fails  to  vacate
any premises shall be punished, for each day that he continues so to offend,
with fine which may extend to the amount mentioned in that behalf in the
second  column  of  the  said  Part.

Offences
punishable
under the
Penal Code.

393.

(1)  Whoever  contravenes  any  provision  of  any  of  the  sections,
sub-sections  or  clauses  of  this  Act  mentioned  in  the  first  column  of  the
following table or of any regulation or order made thereunder, and whoever
fails  to  comply  with  any  requisition  lawfully  made  upon  him  under  any  of
the said sections, sub-sections or clauses, shall be deemed to have committed
an  offence  punishable  under  the  section  of  the  Indian  Penal  Code
respectively  specified  in  the  second  column  of  the  said  table  as  the  section
of  the  said  Code  under  which  such  person  shall  be  punishable,  namely :—

XLV of
1860.

Sections  of  this  Act.

Sections  of  the  Indian
Penal  Code  under
which  offenders  are
punishable.

194(2), 311, clauses (a), (b), (c) and (d), 312

319

477

. .

. .

277

188

177

(2) Whoever  being  the  owner  or  occupier  of  a  building  fails  to  comply
with  any  notice  in  writing  given  by  the  Commissioner  under  any  of  the
provisions of this Act not referred to in sub-section (1) calling for particulars
or  information  in  connection  with  the  preparation  of  the  list  of  voters  at
ward  elections  or  the  municipal  election  roll  or  who  furnishes  particulars
or  information  which  he  knows  to  be  false  or  incorrect  shall  be  deemed  to
have  committed  an  offence  punishable  under  section  176  or  section  177  of
the Indian Penal Code, as the case may be.

XLV of
1860.

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237

XLV of
1860.

(3) Any candidate who is elected councillor for more than one ward at
contested ward elections and who fails to comply with a written notice lawfully
given by the Commissioner requiring him to choose for which of the wards
he shall serve shall be deemed to have committed an offence punishable under
section 177 of the Indian Penal Code.

(4) Whoever fails to comply with a lawful requisition, notice or order of
the  Commissioner  for  information  or  a  written  return  relative  to  the
determination of the rateable value of any building or to the levy or assessment
of any municipal tax or whoever furnishes information or makes a return
which he knows to be false, incorrect or misleading shall be deemed to have
committed an offence punishable under section 176 or section 177 of the
Indian Penal Code, as the case may be.

XLV of
1860.

394. Any officer or servant of the Corporation who knowingly prepares
1[or  deletes  or  adds  to  or  amends  an  entry  in  the  list  of  voters]  at  ward
elections which is incorrect or false shall, on conviction, be punished with
imprisonment of either description for a term which may extend to six months
or with fine which may extend to five hundred rupees or with both.

Punishment
for offences of
preparing
false election
rolls.

395. Any councillor or any member of the Transport Committee who is
not a councillor who knowingly acquires, directly or indirectly, any share or
interest  in  any  contract  or  employment  with,  by  or  on  behalf  of  the
Corporation, not being a share or interest such as, under section 10, it is
permissible for a councillor to have without being thereby disqualified for
being a councillor, and any Commissioner, Transport Manager, municipal
officer or servant who knowingly acquires, directly or indirectly, any share
or  interest  in  any  contract  or  employment  with,  by  or  on  behalf  of  the
Corporation, not being a share or interest such as, under sub-clause (ii) or
(iv) of sub-section (2) of section 10, it is permissible for a councillor to have
without being thereby disqualified for being a councillor, shall be deemed to
have committed the offence made punishable by section 168 of the Indian
Penal Code.

XLV of
1860.

Punishment
for acquiring
share or
interest in
contract etc.,
with
Corporation.

396. Whoever  acts  or  abets  the  commission  of  an  act  which  is  in
contravention of the provisions of section 61 or 62 shall, on conviction, be
punished  with  imprisonment  of  either  description  for  a  term  which  may
extend to one year or with fine or with both.

Punishment
for breach of
section 61 or
62.

397. (1)  Whoever  contravenes  any  provision  of  sub-section  (1)  of
section 194 shall, on conviction, be punished with imprisonment which may
extend to one month or with fine which may extend to one hundred rupees
or with both.

Punishment
for offences
against
section 194.

(2) When any person is convicted under sub-section (1), the Magistrate
who convicts him may order the immediate removal of any building, or the
immediate discontinuance of the operation or use of land, in respect of which
such conviction has been held.

(3) If any order made under sub-section (2) is disobeyed or the execution
thereof  resisted,  the  offender  shall,  on  conviction,  be  punished  with
imprisonment which may extend to one month or with fine which may extend
to one hundred rupees or with both.

1 These words were substituted for the words “or makes an entry in the list of persons qualified

to be enrolled as voters” by Mah. 24 of 1965, s. 8.

H 610—33a

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Penalty for
failure to
comply with
notice under
section 260,
261, 264, 267
or 478.

1[397A. (1) Any person to whom the notice under section 260, 261, 264,

267 or 478 has been served, shall on his failure to comply with such notice,—

(a) for restoration of the foundation, plinth, floor or structural members

or load bearing wall, thereby endangering the life and property of any person

occupying, resorting to or passing by such building or any other building or

place in the neighbourhood thereof, be punished with imprisonment for a term

which shall not be less than three months but which may extend upto three

years and with a fine which shall not be less than ten thousand rupees but

which may extend to fifty thousand rupees; and where the contravention is a

continuing one, with a further fine which may extend to one thousand rupees

for each day during which such contravention continues after conviction for

the first such contravention; or

(b) for removing, pulling down the unauthorised work, be punished with

imprisonment for a term which shall not be less than one month but which

may extend to one year and with a fine which shall not be less than five

thousand rupees but which may extend to twenty-five thousand rupees; and

where the contravention is a continuing one, with a further fine which may

extend to five hundred rupees for each day during which such contravention

continues after conviction for the first such contravention.

(2) Where it has been brought to the notice of the Designated Officer that

erection of any building or execution of any such work as is described in

section 254 is commenced or carried out contrary to the provisions of the Act,

rules or bye-laws and if such Designated Officer has failed, without sufficient

reasons, to take action as provided under section 260, 264, 267 or 478, he shall,

on conviction, be punished with imprisonment for a term which may extend

to three months, or with fine which may extend to twenty thousand rupees,

or with both.

Compounding
of certain
offences.

397B. (1) The Commissioner may, by general or special order, either

before or after institution of the proceedings, compound any offence made

punishable under sub-section (1) of section 397A.

(2) When an offence has been compounded under sub-section (1),  no

further proceedings shall be taken against the accused person in respect of

the offence compounded and any proceedings if already taken, shall stand

abated, and the accused person, if in custody, shall be discharged.]

2 * * .

1 Sections 397A and 397B were inserted by Mah. 2 of 2012, s. 15.

2 Sections 398 and 398-1A were deleted by Mah. 42 of 2017, s. 42.

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Maharashtra  Municipal  Corporations  Act

1[398A. Whoever contravenes the provisions of section 265A, shall be

punished with fine of twenty-five thousand rupees or an amount equal to the

property tax of the building concerned for a period of one year, whichever is

higher.]

399. Whoever contravenes any provision of this Act or rules, by-law,

regulation, standing order, licence, permission or notice issued thereunder

or fails to comply with any requisition lawfully made under any such provision

shall, if no penalty is provided in any other provision of this Act for such

contravention or failure, be punished, for each such offence, with fine which

may extend to one hundred rupees and with further fine which may extend

to  twenty  rupees  for  every  day  on  which  such  contravention  or  failure

continues after the first conviction.

239

Penalty for
contravention
of section
265A.

General
penalty.

400. No person who receives the rent of any premises in any capacity

described in paragraph (i), (ii) or (iii) of sub-clause (a) of clause (45) of section

2 shall be liable to any penalty under this Act for omitting to do any act as the

owner of such premises, if he shall prove that his default was caused by his

not having funds of, or due to, the owner sufficient to defray the cost of doing

Extent of
penal
responsibility
of agents and
trustees of
owners.

the act required.

401. Where a person committing an offence under this Act, or any rule,

by-law, regulation or standing order is a company, or a body corporate, or an

association of persons (whether incorporated or not), or a firm, every director,

manager,  secretary,  agent  or  other  officer  or  person  concerned  with  the

management thereof, and every partner of the firm shall, unless he proves

that the offence was committed without his knowledge or consent, be deemed

Offence by
companies,
etc.

to be guilty of such offence.

402. (1) If,  on  account  of  any  act  or  omission,  any  person  has  been

convicted of an offence against this Act or against any rule, regulation or by

law, and, by reason of such act or omission of the said person, damage has

occurred to any property of the Corporation, compensation shall be  paid by

the said person for the said damage notwithstanding any punishment to which

Compensation
payable by
offenders
against this
Act for
damage
caused by
them.

he may have been sentenced for the said offence.

(2) In the event of dispute, the amount of compensation payable by the

said  person  shall  be  determined  by  the  Magistrate  before  whom  he  was

convicted  of  the  said  offence,  and  on  non-payment  of  the  amount  of

compensation so determined, the same shall be recovered under a warrant

from the said Magistrate as if it were a fine inflicted by him on the person

liable therefor.

1 Section 398A was inserted by Mah. 6 of 2009, s. 5.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Procedure in
election
inquiries.

CHAPTER XXVI.

PROCEEDINGS BEFORE
JUDGE, DISTRICT JUDGE AND MAGISTRATES.

I. Election Inquiries.

403. (1) If an application is made under section 16 for a declaration that
any particular candidate shall be deemed to have been elected, the applicant
shall  make  parties  to  his  application  all  the  candidates  who  were  duly
nominated for the seat or seats in the ward in question, whether or not the
said candidates have been declared elected, and shall proceed against the
candidate or candidates declared elected.

(2) The applicant shall, whenever so required by the Judge, deposit in
the Court a sum of five hundred rupees in cash or Government securities of
equivalent value at the market rate of the day as security for any costs which
the applicant may be ordered to pay to other parties to the said application.

(3) If, after making such inquiry as he deems necessary, the Judge find
that the election of a returned candidate has been procured or induced or the
result of the election has been materially affected by any corrupt practice, or
any corrupt practice has been committed in the interest of a returned candidate
or the result of the election has been materially affected by the improper
acceptance or rejection of any nomination or by reason of the fact that any person
nominated was not qualified or was disqualified for election, or by the improper
reception or refusal of a vote, or by the reception of a vote which is void, or by
any non-compliance with the provisions of this Act or any rules made thereunder
relating to the election, or by any mistake in the use of any prescribed form, or
the election has not been a free election by reason of the large number of cases
in which bribery or under influence has been exercised or committed, he shall
declare the election of the returned candidate to be void and if he does not so
find shall confirm the election of the returned candidate.

(4) All application received under section 16,—

(a) in which the validity of the election of councillors election to represent

the same ward is in question shall be heard by the same judge, and

(b) in which the validity of the election of the same councillor elected

to represent the same ward is in question shall be heard together.

1[(5)  If  an  application  is  made  under  section  16  that  any  particular
candidate (other than the candidate declared to have been elected) shall be
deemed to have been elected, then the returned candidate or any other party
may give evidence to prove that the election of the person in whose favour
such declaration is sought would have been void if he had been declared
elected and an application had been presented calling in question his election.

If the Judge is of opinion,—

(i) that in fact any candidate in whose favour the declaration is sought

has received a majority of the valid votes, or

(ii) that but for the votes obtained by the returned candidate by
corrupt practices, such candidate would have obtained a majority of the
valid votes,

(the  judge  shall  after  declaring  the  election  of  the  returned
candidate  to  be  void  declare  the  candidate  in  whose  favour  the
declaration is sought to have been duly elected.)

1 Sub-section (5) was substituted for the original by Mah. 31 of 1960, s. 2.

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241

(6) The Judge’s order under this section shall be conclusive.

(7) Every election not called in question in accordance with the foregoing
provisions  shall  be  deemed  to  have  been  to  all  intents  a  good  and  valid
election.

404. (1) If the Judge sets aside an election of a candidate on the ground
that a corrupt practice has been committed in the interest of such candidate,
he shall declare such candidate to be disqualified for the purpose of any fresh
election which may be held under this Act.

(2) If in any proceedings under section 16 the Judge finds that a corrupt
practice has been committed within the meaning of that section by any person
he may, if he thinks fit, declare such person to be disqualified for being elected
and for being a councillor for such term of years not exceeding seven as he
may fix :

Provided that no such declaration shall be made unless such person has

been given a reasonable opportunity to be heard :

Provided further that the  1[State] Government may by order in writing
at any time relieve such person from such disqualification but, subject only
to such order, the declaration by the Judge shall be conclusive.

II. References to the Judge.

Disqualification
for election as
councillor for
certain
election
offences.

405.

In the following cases a reference shall be made to the Judge :—

(1) whether a councillor has ceased to hold office under section 12 ;
2[(1A)  regarding  removal  and  disqualification  of  a  Councillor  under

References to
the Judge.

section 13 ;]

(2) whether  a  person  has  ceased  to  be  a  member  of  the  Transport

Committee under section 26 ;

(3) whether the Commissioner may be directed to remove a shaft or pipe

on the application of the owner of a building or hut under section 175 ;

(4) regarding the amount of the price for the land required for setting

forward a building under section 216 ;

(5) regarding the amount or payment of expenses for any work executed
or any measure taken or things done under the orders of the Commissioner
or any municipal officer under section 439 ;

(6) regarding the amount or payment of expenses or compensation and
the apportionment thereof falling under any of the provisions of this Act or
any rule or by-law thereunder not otherwise specifically provided for.

III. Appeals against Valuations and Taxes.

406. (1) Subject to the provisions hereinafter contained, appeals against
any reteable value  3[or the capital value, as the case may be,] or tax fixed or
charged under this Act shall be heard and determined by the Judge.

Appeals when
and to whom
to lie.

(2) No such appeal  4[shall be entertained] unless,–

(a)  it is brought within fifteen days after the accrual of the cause of

complaint ;

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 Clause (1A) was inserted by Mah. 3 of 2008, s. 5.
3 These words were inserted by Mah. 10 of 2010, s. 11 (1).
4 These words were substituted for the words “shall be heard” by Mah. 63 of 1975, s. 8(a)(i).

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(b) in the case of an appeal against a reteable value1[or the capital
value, as the case may be,] a complaint has previously been made to the
Commissioner as provided under this Act and such complaint has been
disposed of ;

(c) in the case of an appeal against any tax 2[including interest and
penalty imposed] in respect of which provision exists under this Act for
a complaint to be made to the Commissioner against the demand, such
complaint has previously been made and disposed of ;

(d) in the case of an appeal against any amendment made in the
assessment book for property taxes during the official year, a complaint
has been made by the person aggrieved within  3[twenty-one days] after
he first received notice of such amendment and his complaint has been
disposed of ;

(e) in the case of an appeal against a tax, or in the case of an appeal
made against a rateable value1[or the capital value, as the case may be ]
4[the  amount  of  the  disputed  tax  claimed  from  the  appellant,  or  the
amount of the tax chargeable on the basis of the dispute reteable value
up to the date of filing the appeal, has been deposited by the appellant
with the Commissioner].
5[(2A) Where the appeal is not filed in accordance with the provisions of
clauses (a) to (e) of sub-section (2), it shall be liable to be summarily dismissed.]

6[(3) In the case of any appeal entertained by the Judge, but not heard
by him, before the date of commencement of the Maharashtra Municipal
Corporations (Amendment) Act, 1975, the Judge shall not hear and decide
such  appeal  unless  the  amount  of  the  disputed  tax  claimed  from  the
appellant, or the amount of the tax chargeable on the basis of the disputed
rateable value, as the case may be, up to the date of filing the appeal has
been deposited by the appellant with Commissioner, within thirty days from
the date of publication of a general notice by the Commissioner in this behalf
in the local news-papers. The Commissioner shall simultaneously serve on
each such appellant a notice under sections 473 and 474 and other relevant
provisions  of  this  Act,  for  intimating  the  amount  to  be  deposited  by  the
appellant with him.

(4) As far as possible, within fifteen days from the expiry of the period
of  thirty  days  prescribed  under  sub-section  (3),  the    Commissioner  shall
intimate to the Judge the names and other particulars of the appellants who
have deposited with him the required amount within the prescribed period
and  the  names    and  other  particulars  of  the  appellants  who  have  not
deposited  with  him  such  amount  within  such  period.  On  receipt  of  such
intimation, the judge shall summarily dismiss the appeal of any appellant
who has not deposited the required amount with the Commissioner within
the  prescribed  period.

1 These words were inserted by Mah. 10 of 2010, s. 11 (2) (a) and (c).
2 These words were inserted by Mah. 4 of 2009, s. 7(a).
3 These words were substituted for the words “fifteen days” by Mah. 10 of 2010, s. 11(2) (b).
4 This portion was substituted for portion begining with the words “after a bill” and ending

with the words “the Commissioner” by Mah. 63 of 1975, s. 8(a)(ii).

5 Sub-section (2A) was inserted by Mah. 10 of 2010, s. 11(3).
6 Sub-sections (3), (4) and (5) were inserted by Mah. 63 of 1975, s. 8(6).

Mah.
XLIII of
1975.

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243

(5) In the case of any appeal, which may have been entertained by the
Judge before the date of commencement of the Act aforesaid or which may
be entertained by him on and after the said date, the Judge shall not hear
and decide such appeal, unless the amount of the tax claimed by each of the
bills, which may have been issued since the entertainment of the appeal, is
also deposited, from time to time, with the Commissioner in the first month
of the half year to which the respective bill relates. In case of default by the
appellant at any time before the appeal is decided, on getting an intimation
to that effect from the Commissioner, the Judge shall summarily dismiss
the appeal.]

1[(6) An appeal against  2[the demand notice in respect of levy of cess

under Chapter XIA or the Local Body Tax under Chapter XIB] shall lie,—

(i) to the Deputy Commissioner, when the demand notice is raised
by  the  Cess  Officer  3[or  any  other  officer,  not  being  the  Deputy
Commissioner];

(ii) to the Commissioner, when the demand notice is raised by the

Deputy Commissioner.

(7) The appeal under sub-section (6) shall be filed within fifteen days from

the date of the demand notice.]

4[(8) No appeal under sub-section (6) shall be entertained by the Deputy
Commissioner or, as the case may be, the Commissioner unless the amount
of the disputed tax claimed from the appellant has been deposited by the
appellant with the Commissioner.]

407. For the purposes of section 406, cause of complaint shall be deemed

to have accrued as follows, namely :—

(a) in the case of an appeal against a rateable value  5[or a capital
value, as the case may be,] on the day when the complaint made to the
Commissioner against such value is disposed of ;

(b) in the case of an appeal against any tax referred to in clause (c)
of sub-section (2) of the said section on the day when the complaint against
the tax is disposed of by the Commissioner ;

(c) in the case of an appeal against any amendment made in the
assessment book for property taxes during the official year, on the day
when the complaint made to the Commissioner by the person aggrieved
against such amendment is disposed of ;

(d) in the case of an appeal against a tax not covered by clause (b)
above on the day when payment thereof is demanded or when a bill
therefor is served.

Cause of
complaint
when to be
deemed to
have accrued.

1 Sub-sections (6) and (7) were added by Mah. 4 of 2009, s. 7 (b).
2 These words, figures and letter were substituted for the words, figures and letter “the demand

notice in respect of levy of cess under Chapter XIA” by Mah. 27 of 2010, s. 12(i)(a).

3 These words were inserted, by Mah. 27 of 2010, s. 12 (i)(b).
4 Sub-section (8) was added, by Mah. 27 of 2010, s. 12 (ii).
5 These words were inserted by Mah. 10 of 2010, s. 12.

H 610—34

244

Arbitration.

Reference to
District
Court.

Appeals  to
the District
Court.

Costs  of
proceedings in
appeal.

Unappealed
values and
taxes and
decisions on
appeal to be
final.

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

26 of
1996.

IX of
1887.

408. Where any appeal against the rateable value 1[or the capital value,
as the case may be,] or tax fixed or charged under this Act is pending and all
the parties interested agree that any matter in difference between them shall
be referred to arbitration, they may, at any time before a decision is given in
such appeal, apply in writing to the Judge for an order of reference on such
matter and on such application being made the provisions of 2[the Arbitration
and Conciliation Act, 1996], relating to arbitration in suits, so far as they can
be made applicable, apply to such application and the proceedings to follow
thereon, as if the said Judge were a Court within the meaning of that Act and
the application were an application made in a suit.

409. [Appointment of expert valuer. Deleted by Mah. 10 of 2010, s. 14.]
410. If, before or on the hearing of an appeal relating to the rateable
value  3[or  the  capital  value,  as  the  case  may  be,]  or  tax,  any  question  of
law  or  usage  having  the  force  of  law,  or  the  construction  of  a  document
arises, the Judge may, and on the application of any party to the appeal
shall,  draw  up  a  statement  of  the  facts  of  the  case  and  the  question  so
arising, and refer the statement with his own opinion on the point for the
decision  of  the  District  Court.

411. An appeal shall lie to the District Court—

(a) from any decision  of the Judge in an appeal under section 406 by
which a rateable value 4[or a capital value, as the case may be,] is fixed,  and
(b) from any other decision of the said Judge in an appeal under the
said section, upon question of law or usage having the force of law or the
construction of a document :
Provided that no such appeal shall be heard by the District Court unless

it is filed within one month from the date of the decision of the Judge.

412. The costs of all proceedings in appeal under section 406 before the
Judge including those of arbitration under section 408  5[*  *  *  *] shall be
payable by such parties in such proportion as the Judge shall direct and the
amount thereof shall, if necessary, be recoverable as if the same were due
under a decree of a Court of Small Causes under the Provincial Small Causes
Courts Act, 1887.

413. (1) Every rateable value 6[or the capital value, as the case may be,]
fixed under this Act against which no complaint is made as hereinbefore
provided, and the amount of every sum claimed from any person under this
Act on account of any tax, if no appeal therefrom is made as hereinbefore
provided, and the decision of the Judge aforesaid upon any appeal against
any such value or tax if no appeal is made therefrom under section 411 and if
such appeal is made the decision of the District Court in such appeal shall be
final.

7[(2) Where the decision of the said Judge is not final it shall be lawful
for the Commissioner to assess the property tax on the basis of the rateable
value or the capital value, as the case may be determined under rule 7 or 7A
of the TAXATION RULES in Chapter VIII of Schedule D from year to year,
Subject, however, to the provision of section 406.]

1 These words were inserted by Mah. 10 of 2010, s. 13 (a).
2 These words and figures were substituted for the words and figures “Arbitration Act, 1940”,

by Mah. 10 of 2010, s. 13(b).

3 These words were inserted by Mah. 10 of 2010, s. 15.
4 These words were substituted for the words “in excess of two thousand rupees” by Mah. 10 of

2010, s. 16.

5 The words and figures “and of valuation under section 409” were deleted by Mah. 10 of 2010, s. 17.
6 These words were inserted by Mah. 10 of 2010, s. 18.
7 Sub-section (2) was substituted by Mah. 10 of 2010, s. 18 (2).

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

245

1[413A. (1) Notwithstanding anything contained in sections 406, 407, 408,
409, 410, 411, 412 and 413, every rateable or the capital value, as the case may
be, shall be subject to the valuation or revision by the Maharashtra Municipal
Property Tax Board established under section 3 of the Maharashtra Municipal
Property Tax Board Act, 2011 (hereinafter referred to as “the Municipal
Property Tax Board”).

Assessment
subject to
valuation or
revision by
Municipal
Property Tax
Board.

Mah.
XIV of
2011.

Appeals  to
the Judge.

Appeals
against
demolition
orders.

(2) Notwithstanding anything contained in this Act, no appeal against
fixing of rateable value or the capital value, as the case may be, or tax fixed
or charged under this Act shall lie to the District Court, when the subject
matter of such rateable value, or the capital value or tax fixed or charged under
this Act is under consideration of the Municipal Property Tax Board and
where any such appeal is already preferred or reference under section 410 is
already made, the same shall, upon proceedings being initiated by the Board,
stand transferred to, and be dealt with by, the Municipal Property Tax Board.]
IV. Appeals to the Judge and the District Court.

414. Appeal  shall  lie  to  the  Judge  against  the  orders  of  the

Commissioner in the following cases, namely :—

(1) an order declining to remove a shaft or pipe-under section 175 ;
(2) an order requiring a building to be set forward-under section 215 ;
(3) an order requiring the owner or occupier to repair, protect or

enclose a place found to be dangerous-under section 247 ;

(4) an order directing the demolition of an insanitary building-under

section 300 ;

(5) an order directing the demolition of an obstructive building–

under section 303 :
Provided that no such appeal shall lie unless it is filed within one month

from the date of the order of the Commissioner.

415. (1) On an appeal being made against a demolition order made under
section 300 or 303, the Judge may make such order either confirming or
quashing or varying the order as he thinks fit, and he may, if he thinks fit,
accept from an appellant any such undertaking as might have been accepted
by the Commissioner and any undertaking so accepted by the Judge shall have
the like effect as if it had been given to and accepted by the Commissioner
under section 300 :

Provided that Judge shall not accept from an appellant upon whom such
a  notice  as  is  mentioned  in  sub-section  (1)  of  section  300  was  served  an
undertaking to carry out any work unless the appellant complied with the
requirements of sub-section (2) of that section.

(2) An appeal shall lie to the District Court from a decision of the Judge
on an appeal under this section, within one month of such decision, when the
rateable value  2[or the capital value, as the case may be,] entered in the
Commissioner’s assessment book in accordance with the provisions of this
Act, or the premises to which the demolition order appealed against wholly
or partially relates, 3[exceeds such amount as the State Government may, by
notification in the Official Gazette, specify].

1 Section 413A was inserted by Mah. 14 of 2011, s. 2, Schedule.
2 These words were inserted by Mah. 10 of 2010, s. 19(a).
3 These words were substituted for the words “exceed rupees two thousand” by Mah. 10 of  2010,

s. 19 (b).

H 610—34a

246

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(3) A decision passed by the Judge under this section, if an appeal does
not lie therefrom under sub-section (2), or if no appeal is filed, and, if an appeal
is filed, the decision of the District Court in appeal, shall be final.

(4) Any order against which an appeal might be brought under this section
shall, if no such appeal is brought, become operative on the expiration of the
period of twenty-one days mentioned in section 306, and shall be final and
conclusive as to any matters, which could have been raised on such appeal,
and any such order against which an appeal is brought shall, if and so far as
it is confirmed by the Judge, or the District Court, become operative as from
the date of the final determination of the appeal.

(5) For the purposes of this section, the withdrawal of an appeal shall be
deemed to be the final determination thereof, having the like effect as a
decision confirming the order appealed against and, subject as aforesaid, an
appeal shall be deemed to be finally determined on the date when the decision
of the District Court is given, or in a case where no appeal is brought to the
District Court, upon the expiration of the period within which such an appeal
might have been brought, or in a case where no appeal lies to the District
Court, on the date when the decision of the Judge is given.

416. (1) An appeal shall lie to the District Court from a decision of the
Judge regarding the amount or payment of expenses for any work executed,
when the amount of the claim in respect of which the decision is given exceeds
two thousand rupees :

Provided that no such appeal shall be heard by the District Court unless

it is filed within one month from the date of the decision of the Judge.

(2)  The  decision  of  the  Judge  regarding  the  amount  or  payment  of
expenses for any work executed, if no appeal is filed under this section, and,
if an appeal is filed, the decision of the District Court in such appeal shall be
final.

(3) When an appeal is filed under sub-section (1) in respect of a decision
regarding the amount or payment of expenses for any work executed, the
Commissioner  shall  defer  proceedings  for  the  recovery  of  the  amount
determined  under  the  said  section  to  be  due  pending  the  decision  of  the
District Court and, after the decision, shall proceed to recover only such
amount, if any, as shall be thereby determined to be due.

Appeals
against
decision of the
Judge
regarding
payment of
expenses for
works
executed.

Fees in
appeals
before District
Court.

1[416A. The State Government may, from time to time, by notification in
the Official Gazette, prescribe what fee, if any, shall be paid for an appeal to
the District Court under section 411, 415 or 416 :

Provided that the District Court may, whenever it thinks fit, receive an
appeal by or on behalf of a poor person, without payment or on a part payment
of the prescribed fees :

Provided further that whenever an appeal made to the District Court is
settled by agreement of the parties before the hearing, half the amount of the
fees paid up shall be repaid by the District Court to the party by whom the
same may have been paid.]

1 This section was inserted by Bom. 45 of 1954, s. 2.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

247

Remedy of
owner of
building or
land against
occupier who
prevents his
complying
with any
provisions of
this Act.

V.  Proceedings before Judge.

417.

(1) If the owner of any building or land is prevented by the occupier
thereof from complying with any provision of this Act or of any rule, regulation
or by-law or with any requisition made under this Act or under any such rule,
regulation or by-law in respect of such building or land, the owner may apply
to the Judge.

(2) The Judge, on receipt of any such application, may make a written
order requiring the occupier of the building or land to afford all reasonable
facilities to the owner for complying with the said provision or requisition,
or to vacate the premises temporarily if the said provision or requisition
relates to any action under section 264, involving the safety or convenience
of such occupier, and may also, if he thinks fit, direct that the cost of such
application and order be paid by the occupier.

(3) After eight days from the date of such order, it shall be incumbent on
the said occupier to afford all such reasonable facilities to the owner for the
purpose aforesaid or to vacate the premises temporarily as shall be prescribed
in the said order; and in the event of his continued refusal so to do, the owner
shall be discharged, during the continuance of such refusal, from any liability
which he would otherwise incur by reason of his failure to comply with the
said provision or requisition.

(4) Nothing in this section shall affect the powers of the Commissioner

under any provision of this Act to cause any premises to be vacated.

418. (1) For the purposes of any inquiry or proceeding under this Act,
the Judge may summon and enforce the attendance of witnesses and compel
them to give evidence and compel the production of documents, by the same
means and, as far as is possible, in the same manner as is provided in the case
of a Court of Small Causes by or under the Provincial Small Cause Courts
Act, 1887, and in all matters relating to any such inquiry or proceeding the
Judge shall be guided generally by the provisions of the said Act so far as the
same are applicable.

IX of
1887.

Power to
summon
witnesses and
compel
production of
documents.

(2) If, in any such inquiry or proceeding, the person against whom the
complaint or application has been made fails to appear, notwithstanding that
he  has  been  duly  summoned  for  this  purpose,  the  Judge  may  hear  and
determine the case in his absence.

(3) The costs of every such inquiry or proceeding as determined by the
Judge, shall be payable by such parties and in such proportions as the Judge
shall direct and the amount thereof shall, if necessary, be recoverable as if
the same were due under a decree of a Court of Small Causes constituted
under the Provincial Small Cause Courts Act, 1887 :

Provided that, if such inquiry or proceeding relates to a dispute regarding
expenses declared to be improvement expenses by or under any provision of
this Act, the amount of the costs directed by the Judge to be paid by the owner
or occupier of the premises in respect of which or for the benefit of which the
improvement expenses were incurred shall be a charge on such premises and
may also be recovered in the manner prescribed in section 442.

IX of
1887.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Fees in
proceeding
before the
Judge.

419.

(1) The 1[State] Government may, from time to time, by notification

in the Official Gazette, prescribe what fee, if any, shall be paid:—

(a) on any application, appeal or reference made under this Act to

the Judge; and

(b) previous to the issue, in any inquiry or proceeding of the Judge

under this Act, of any summons or other process :

Provided that the fees, if any, prescribed under clause (a) shall not, in
cases in which the value of the claim or subject-matter is capable of being
estimated in money, exceed the fees for the time being levied, under the
provision of the Provincial Small Cause Courts Act, 1887, in cases in which
the value of the claim or subject-matter is of like amount.

IX of
1887.

(2) The 1[State] Government may, from time to time by a like notification
determine by what person any fee prescribed under clause (a) of sub-section
(1) shall be payable.

(3) No application, appeal or reference shall be received by the Judge,
until the fee, if any, prescribed therefor under clause (a) of sub-section (1)
has been paid.

Exemption of
poor persons
from fees.

420. The Judge may, whenever he thinks fit, receive an application,
appeal or reference made under this Act, by or on behalf of a poor person,
and may issue process on behalf of any such person without payment or on a
part payment of the fees prescribed under section 419.

Repayment of
half fees on
settlement
before
hearing.

421. Whenever any application, appeal or reference made to the Judge
under this Act is settled by agreement of the parties before the hearing, half
the amount of all fees paid up to that time shall be repaid by the Judge to the
parties by whom the same have been respectively paid.

VI. Appointment of Magistrates.

Appointment
of a
Magistrate of
the First
Class.

422.  (1)  The  1[State]  Government  may  with  the  consent  of  the
Corporation create one or more posts of Magistrates of the First Class for
the trial of offences against this Act, or against any rule, regulation or by-law
made thereunder and may appoint any person to such post and may also
appoint such ministerial officers for the court of any such Magistrate as it
may think necessary :

Provided  that  notwithstanding  the  appointment  of  one  or  more
Magistrates of the First Class under this section it shall be open to the District
Magistrate subject to the rules for the time being in force under section 17 of
the *Code of Criminal Procedure, 1898, regulating the distribution of business
in the Courts of Magistrates of the First Class to make such distribution of
the work of trial of such offences and of all other work before the Courts of
the Magistrates (including any appointed under this section) as may appear
to him most conducive to efficiency.

V of
1898.

(2) Such Magistrate or Magistrates and their establishments shall be paid
such salary, pension, leave allowances and other allowances as may, from time
to time, be fixed by the  1[State] Government.

1 This word was substituted for the word “ Provincial “ by the Adaptation of Laws Order, 1950.
* Now see Code of Criminal Procedure, 1973 (2 of 1974).

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

249

(3)  The  amounts  of  the  salary  and  other  allowances  as  fixed  under
sub-section (2), together with all other incidental charges shall be reimbursed
to the  1[State] Government by the Corporation, who shall also pay to the
1[State] Government such contribution towards the pension, leave and other
allowances of such Magistrate or Magistrates and their establishment as may
from time to time be fixed by the  1[State] Government :

Provided that the 1[State] Government may, with the concurrence of the
Corporation, direct that in lieu of the amounts payable under this section the
Corporation shall pay to the  1[State] Government annually, on such date as
may be fixed by the 1[State] Government in this behalf, such fixed sum as may
be determined by the  1[State] Government in this behalf.

VII. References to Magistrates.

423.

In the following matters references shall be made to a Magistrate

of the First Class having jurisdiction within the limits of the City :—

References to
Magistrates.

(a) the abatement of overcrowding—under section 307 ;

(b) the detention of a person suffering from a dangerous disease in a

public hospital under the rules.

424.

(1) Any animal and any article not of a perishable nature and any
utensil or vessel seized under section 338 shall be forthwith taken before a
Magistrate of the First Class.

(2) If it shall appear to such Magistrate that any such animal or article is
diseased, unsound or unwholesome or unfit for human consumption,  as the
case may be, or is not what it was represented to be or that such  utensil or
vessel is of such kind or in such state as to render any article prepared,
manufactured  or  contained  therein  unwholesome  or  unfit  for  human
consumption, he may, and, if it is diseased, unsound, unwholesome or unfit
for human consumption, he shall cause the same to be destroyed, at the charge
of the person in whose possession it was at the time of its seizure, in such
manner as to prevent the same being again exposed or hawked about for sale
or used for human consumption, or for the preparation or manufacture of, or
for containing any such article as aforesaid.

425.

In every case in which food, on being dealt with under section 424,
appears to the Magistrate to be diseased, unsound or unwholesome or unfit
for human consumption, the owner thereof or the person in whose possession
it was found, not being merely bailee or carrier thereof, shall, on conviction,
if in such case the provisions of section 273 of the Indian Penal Code do not
apply, be punished with fine which may extend to five hundred rupees.

XLV of
1860.

426.

In all prosecutions under section 425 the Magistrate shall refuse
to issue a summons for the attendance of any person accused of an offence
against such section, unless the summons is applied for within a reasonable
time from the alleged date of the offnece of which such person is accused.

1 This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.

Disposal  of
animals and
articles  of  non-
perishable
nature  seized
under  section
338.

Penalty for
possessing
food which
appears to be
diseased,
unsound or
unwholesome
or unfit for
human food.

Application
for summons
to be refused
if not applied
for within a
reasonable
time.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

V of
1898.

Cognizance of
offences.

Limitation  of
time within
which
complaints of
offences
punishable
under this Act
shall be
entertained.

Power of
Magistrate to
hear cases in
absence of
accused.

Report of
Chemical
Analyser to
Government.

Complaint
concerning
nuisances.

VIII. Proceedings before Magistrates and the Sessions Court.

427.

(1)  1[(a)] Offences for the contravention of sections 60, 61 and 325

shall be cognizable.

2[(b) Offences under sections 397A shall be cognizable and bailable.]
(2)  Notwithstanding  anything  contained  in  the  *Code  of  Criminal
Procedure, 1898, all offences against the Act, or against any rule, regulation
or bye-law whether committed within or without the City, shall be congnizable
by a Magistrate of the First Class having jurisdiction in the City and no such
Magistrate shall be deemed to be incapable of taking cognizance of any such
offence or of any offence against any enactment hereby repealed, by reason
only of his being liable to pay any municipal tax or of his being benefited by
the Municipal Fund.

(3) Notwithstanding anything contained in section 200 of the said Code,
it shall not be necessary in respect of any offence against this Act or any rule,
regulation or bye-law made thereunder, to examine the complainant when
the complaint is presented in writing.

428. No Magistrate shall take cognizance of any offence punishable
under this Act, or any rule, regulation or bye-law, unless complaint of such
offence is made before him,—

(a) within six months next after the date of the commission of such

offence ; or

(b) if such date is not known or the offence is a continuing one within

six months next after the commission or discovery of such offence.

429.

If any person summoned to appear before a Magistrate to answer
a charge of an offence punishable under this Act or any rule, regulation or
bye-law fails to appear at the time and place mentioned in the summons, and
if service of summons is proved to the satisfaction of the Magistrate and no
sufficient  cause  is  shown,  for  the  non-appearance  of  such  person  the
Magistrate may hear and determine the case in his absence.

430. Any document purporting to be a report under the hand of the
Chemical Analyser to Government upon any article duly submitted to him
for analysis may be used as evidence of the facts therein stated in any inquiry
or prosecution under this Act.

431.

(1)  Any  person  who  resides  in  the  City  may  complain  to  a
Magistrate of the First Class having jurisdiction therein of the existence of
any nuisances or that in the exercise of any power conferred by section 156,
157, 175, 176, 177, 249 or 292 more than the least practicable nuisance has
been created.

(2) Upon receipt of any such complaint, the Magistrate after making such
inquiry as he thinks necessary, may, if he sees fit, direct the Commissioner,—

(a) to put in force any of the provisions of this Act or of any rule,
regulation or bye-law or to take such measures as to such Magistrate
shall  seem  practicable  and  reasonable  for  preventing,  abating,
diminishing or remedying such nuisance ;

(b) to pay to the complainant such reasonable costs of and relating to
the said complaint and order as the said Magistrate shall determine,
inclusive of compensation for the complainant’s loss of time in prosecuting
such complaint.

1 The existing sub-section (1) was re-numbered as clause (a) by Mah. 2 of 2012, s. 16.
2 Clause (b) was inserted by Mah. 2 of 2012, s.16.
* See now Code of Criminal Procedure, 1973 (2 of 1974).

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(3) Subject to the provisions of section 432 it shall be incumbent on the

Commissioner to obey every such order.

(4) Nothing in this Act contained shall interfere with the right of any
person who may suffer injury or whose property may be injuriously affected
by any act done in the exercise of any power conferred by section 156, 157,
175, 176, 177, 249 or 292 to recover damages for the same.

432.

(1) An appeal shall lie to the Sessions Court from an order passed

by a Magistrate under section 431 within one month of the date thereof.

(2) The  Sessions  Court  may,  when  disposing  of  an  appeal  under
sub-section (1), direct by whom and in what proportions, if any, the costs of
the appeal are to be paid, and costs so directed to be paid may, on application
to a Magistrate of the First Class having jurisdiction in the City, be recovered
by him, in accordance with the direction of the Sessions Court, as if they were
a fine imposed by himself.

(3) When an appeal has been preferred to the Sessions Court under this
section the Commissioner shall defer action upon the order of the Magistrate
until such appeal has been disposed of and shall thereupon forthwith give
effect to the order passed in such appeal by the Sessions Court, or, if the
order of the Magistrate has not been disturbed by the Sessions Court, then
to his order.

(4) The Sessions Court may, from time to time, make rules for regulating
the  admission  of  appeals  under  sub-section  (1)  and  the  procedure  to  be
followed in the adjudication thereof.

IX. Arrest of offenders.

Appeal to the
Sessions
Court from
order passed
under section
431.

433.

(1) Any police officer may arrest any person who commits in his
view any offence against this Act or against any rule, regulation or by- law, if
the name and address of such person be unknown to him, and if such person,
on demand, declines to give his name and address or gives a name and address
which such officer has reason to believe to be false.

Offenders
against this
Act may in
certain cases
be arrested by
police officers.

1[(2) No person so arrested shall be detained in custody after his true
name  and  address  are  ascertained  or,without  the  order  of  the  2[nearest
Judicial Magistrate], for a longer period than twenty-four hours from the time
of arrest exclusive of the time necessary for the journey from the place of
arrest to the Court of such Magistrate].

X. Miscellaneous.

3[433A. Save  as  otherwise  provided  in  this  Act,  any  notice  issued,
order passed or direction issued by the Designated Officer, under section
260, 261, 264, 267 or 478 shall not be questioned in any suit or other legal
proceedings.]

Bar of
jurisdiction.

V of
1908.

434.

(1) Save as expressly provided by this Chapter the provisions of
the Code of Civil Procedure, 1908 relating to appeals from original decrees,
shall apply to appeals to the Judge from the orders of the Commissioner
and relating to appeals from appellate decrees shall apply to appeals to the
District Court.

Code of Civil
Procedure to
apply.

1 Sub-section (2) was substituted for the original by the Adaptation of Laws Order, 1950.
2 These words were substituted for the words “ nearest Magistrate ” by Bom. 8 of 1954, s. 2,

Schedule—Part III.

3 Section 433A was inserted by Mah. 2 of 2012, s. 17.

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(2) All other matters for which no specific provision has been made under
this Act shall be governed by such rules as the 1[State] Government may from
time to time make after consultation with the High Court.

Limitation.

435.

(1) In computing the period of limitation prescribed for an appeal
or application referred to in this Chapter, the provisions of sections 5, 12 and
14 of the Indian Limitation Act, 1908, shall, so far as may be, apply.

IX of
1908.

Execution of
orders of the
Judge and
District
Judge.

Criminal
Procedure
Code to apply
to all
inquiries and
proceedings
before
Magistrates.

Recovery of
expenses of
removals by
Commissioner
under certain
sections.

(2) When no time is prescribed by this Act for the presentation of an
appeal, application or reference, such appeal or application shall be presented
or reference shall be made within thirty days from the date of the order in
respect of or against which the appeal, application or reference is presented
or made.

436.

(1) All orders of the Judge shall be executed in the same manner
as  if  they  were  decrees  of  the  Court  of  Small  Causes  passed  under  the
Provincial Small Causes Court Act, 1887;

IX of
1887.

(2) All orders of the District Judge shall be executed as if they were the

decrees of the District Court.

437. The provisions of the *Code of Criminal Procedure, 1898, shall,
so far as may be, apply to all inquiries and proceedings under this Act before
the Magistrate.

V of
1898.

CHAPTER  XXVII.

RECOVERY OF MUNICIPAL DUES OTHER THAN TAXES.

438.

(1) The expenses incurred by the Commissioner in effecting any
removal under section 60, section 231 or sub-section (3) of section 239, or,
in the event of a written notice issued under sub-section (2) of section 226
or sub-section (3) of section 227 or section 232 or sub-section (3) of section
244 or sub-section (3) of section 245 or section 264 or section 308 not being
complied  with,  under  section  479,  and  all  other  expenses  and  charges
specified  in  sub-section  (2),  if  any,  shall,  subject  to  the  provisions  of
sub-section (2), be recoverable by the sale of the materials removed, and if
the proceeds of such sale do not suffice, the balance shall be paid by the
owner of the said materials.

(2) If the expenses of removal are in any case paid before the materials
are sold, the Commissioner shall restore the materials to the owner thereof,
on his claiming the same at any time or before they are sold or otherwise
disposed of, and on his paying all other expenses, if any, incurred by the
Commissioner  in  respect  thereof  or  in  respect  of  the  intended  sale  or
disposal thereof and all such charges, if any, as the Commissioner may fix
for the storage of the materials.

1 This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
* See now the Code of Criminal Procedure, 1973 (2 of 1974).

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(3) If  the  materials  are  not  restored  to  the  owner  thereof  under
sub-section (2) they shall be sold by auction or otherwise disposed of as the
Commissioner thinks fit:

Provided  that,  if  the  materials  are  perishable,  they  may  be  sold  or
disposed of forthwith, and, if other than perishable, they shall be sold or
disposed of as soon as conveniently may be after one month from the date of
their removal whether the expenses of the removal and the charges, if any,
for storage have in the meantime been paid or not and the proceeds, if any, of
the sale or other disposal, shall, after defraying therefrom the costs of the
sale or other disposal, and, if necessary, of the removal and the charges for
storage, be paid to the credit of the Municipal Fund, and shall be the property
of the Corporation.

439.

(1) Whenever under this Act, or any rule, regulation or by-law,
the expenses of any work executed or of any measure taken or thing done by
or under the order of the Commissioner or of any municipal officer empowered
under section 69 in this behalf are payable by any person, the same shall be
payable on demand.

(2) If not paid on demand, the said expenses shall be recoverable by the
Commissioner, subject to the provisions of sub-section (4) and sub-section (3)
of section 416 by distress and sale of the moveable property or attachment
and sale of the immovable property of the defaulter, as if the amount thereof
were a property-tax due by the said defaulter.

(3) If, when the Commissioner demands payment of any expenses under
sub-section (1), his right to demand the same or the amount of the demand is
disputed, or if, in the case of expenses incurred by the Commissioner in taking
temporary measures under sub-section (2) of section 247, the necessity for
such temporary measures is disputed, the Commissioner shall refer the case
for the determination of the Judge.

(4) Pending the Judge’s decision the Commissioner shall defer further
proceedings for the recovery of the sum claimed by him, and, after decision,
shall, subject to the provisions of section 416, proceed to recover only such
amount, if any, as shall be thereby determined to be due.

440.

If the said expenses are due in respect of some work executed or
thing done to, upon or in connection with, some building or land or of some
measure taken with respect to some building or land or in respect of a private
street and the defaulter is the owner of such building or land of the premises
fronting or adjoining such street or abutting thereon, as the case may be, the
amount thereof may be demanded from any person who at any time, before
the said expenses have been paid, occupies the said building, land or premises
under the said owner ; and in the event of the said person failing to pay the
same, they may be recovered, by distress and sale of the moveable property
or the attachment and sale of the immovable property of the said person, as
if the amount thereof were a property tax due by him :

Provided as follows, namely :—

(a)  unless  the  said  person  neglects  or  refuses  at  the  request  of  the
Commissioner, truly to disclose the amount of the rent payable by him in

Expenses
recoverable
under the Act
to be payable
on demand,
and if not
paid on
demand may
be recovered
as arrear of
property tax.

If defaulter is
owner of
premises in
respect of
which
expenses are
payable,
occupier to be
also liable for
payment
thereof.

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Commissioner
may agree to
receive
payment of
expenses in
instalments.

Certain
expenses may
be declared to
be
improvement
expenses.

respect of the said building or premises and the name and address of the
person to whom the same is payable, the said person shall not be liable to
pay on account of the said expenses any larger sum than, upto the time of
demand, is payable by him to the owner on account of rent of the said building,
land or premises ; but it shall rest upon the said person to prove that the
amount of the expenses demanded of him is in excess of the sum payable by
him to the owner ;

(b) the said persons shall be entitled to credit in account with the owner
for any sum paid by or recovered from him on account of the said expenses;

(c) nothing in this section shall affect any agreement made between the
said person and the owner of the building, land or premises in his occupation
respecting the payment of the expenses of any such work, thing or measure
as aforesaid.

441.

Instead  of  recovering  any  such  expenses  as  aforesaid  in  any
manner hereinbefore provided, the Commissioner may, if he thinks fit and
with the approval of the Standing Committee, take an agreement from the
person liable for the payment thereof, to pay the same in instalments of such
amounts and at such intervals as will secure the payment of the whole amount
due, with interest thereon, at such rate not exceeding nine per centum per
annum as the Standing Committee may fix from time to time, within a period
of not more than five years.

442.

(1)  Any  expenses  incurred  by  the  Commissioner  under  any
provision of this Act in respect of any material or fittings supplied or work
executed or thing done to, upon or in connection with some building or land
which are recoverable from the owner or occupier of such building or land
may, subject to the regulations be declared to be improvement expenses if
the Commissioner with the approval of the Corporation, thinks fit so to declare
them, and on such declaration being made, such expenses, together with
interest  thereon  payable  under  sub-section  (2),  shall  be  a  charge  on  the
premises in respect of which, or for the benefit of which, the expenses have
been incurred.

(2) Improvement expenses shall be recoverable in instalments of such
amount not being less for any premises than twelve rupees per annum, and
at such intervals as will suffice to discharge such expenses, together with
interest thereon at such rate not exceeding six per centum per annum as the
Standing  Committee  may  fix  from  time  to  time,  within  such  period  not
exceeding  thirty  years  as  the  Commissioner  with  the  approval  of  the
Corporation may in each case determine.

(3) The said instalments shall be payable by the occupier of the premises
on which the expenses and interest thereon are so charged or, in the event of
the said premises becoming unoccupied at any time before the expiration of
the period fixed for the payment of such expenses or before the sum, with
interest as aforesaid, are fully paid off, by the owner for the time being of the
said premises, so long as the same continued to be unoccupied.

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255

Proportion of
improvement
expenses may
be deducted
from rent.

443.

(1) Where the occupier by whom any improvement expenses are
paid holds the premises on which the expenses together with interest thereon
are charged, at a rent not less than the rack-rent, he shall be entitled to deduct
three-fourths of the amount paid by him on account of such expenses and
interest thereon as aforesaid from the rent payable by him to his landlord,
and, if he holds at a rent less than the rack-rent, he shall be entitled to deduct
from the rent so payable by him such proportion of three-fourths of the amount
paid by him on account of such expenses and interest thereon as aforesaid as
his rent bears to the rack-rent.

(2) If the landlord from whose rent any deduction is so made is himself
liable to the payment of rent for the premises in respect of which the deduction
is made and holds the same for a term of which less than twenty years is
unexpired (but not otherwise), he may deduct from the rent so payable by him
such proportion of the sum deducted from the rent payable to him as the rent
payable by him bears to the rent payable to him, and so in succession with
respect to every landlord (holding for a term of which less than twenty years
is unexpired) of the same premises both receiving and liable to pay rent in
respect thereof :

Provided that nothing in this section shall be construed to entitle any
person to deduct from the rent payable by him more than the whole sum
deducted from the rent payable to him.

444. At any time before the expiration of the period for the payment of
any  improvement  expenses  together  with  interest  thereon,  the  owner  or
occupier of the premises, on which they are charged may redeem such charge
by  paying  to  the  Commissioner  such  part  of  the  said  expenses  and  such
interest due, if any, as may not have been already paid or recovered.

Redemption
of charge for
improvement
expenses.

445. Any instalment payable under section 441 or 442 which is not paid
when  the  same  becomes  due,  may  be  recovered  by  the  Commissioner  by
distress and sale of the movable property or the attachment and sale of the
immovable property of the person by whom it is due as if it were a property-
tax due by the said person.

Recovery of
instalments
due under
sections  441
and 442.

446. Whenever the owner of any building or land fails to execute any
work  which  he  is  required  to  execute  under  this  Act  or  under  any  rule,
regulation or by-law the occupier, if any, of such building or land may, with
the approval of Commissioner, execute the said work, and he shall be entitled
to recover the reasonable expenses incurred by him in so doing from the onwer
and may without prejudice to any other right of recovery deduct the amount
thereof from rent which from the time to time becomes due by him to the
owner.

In default of
owner the
occupier of
any premises
may execute
required work
and recover
expenses from
the owner.

447.

Instead of proceeding in any manner aforesaid for the recovery of
any expenses or compensation of which the amount due has been ascertained
as  hereinbefore  provided,  or  after  such  proceedings  have  been  taken
unsuccessfully or with only partial success, the sum due, or the balance of
the sum due, as the case may be, may be recovered by a suit brought against
the person liable for the same in any Court of competent jurisdiction.

Persons  liable
for expenses
or
compensation
may be sued
for recovery
thereof.

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CHAPTER XXVIII.

CONTROL.

Power of
1[State]
Government
to require
performance
of duties in
default of any
municipal
authority.

448.

(1) If it shall at any time appear to the 1[State] Government upon
complaint or otherwise that default has been made in the performance of any
duty imposed on any of the municipal authorities by or under this Act or by
or under any enactment for the time being in force, the  1[State] Government
may, if satisfied after due inquiry that the alleged default has been made,
make an order prescribing a period for the performance of that duty :

Provided that, except in any case which appears to the 1[State] Government
be one of emergency, no such order shall be made until after the expiry of one
month from the date of service of a written notice on the Corporation, and if
the  1[State] Government shall think fit, on the Commissioner, requiring cause
to be shown why such order should not be made, nor until the cause, if any, so
shown has been considered by the  1[State] Government.

(2) If the duty is not performed within the period prescribed in an order
made  under  sub-section  (1),  the  1[State]  Government  may  appoint  some
person to perform the same and may direct that the expense of performing
such  duty,  together  with  such  reasonable  remuneration  to  the  person
performing the same as the 1[State] Government shall determine and the cost
of the proceedings under this section shall be paid out of the Municipal Fund.

Expenses of
measures
enforced
under section
448 how to be
recovered.

449.

(1) When any such order as is mentioned in sub-section (2) of
section 448, shall have been made, the Corporation shall cause to be paid to
the  1[State] Government the sum or sums of money of which payment shall
from  time  to  time  be  required,  in  pursuance  of  the  said  order,  in  any
requisition made by the  1[State] Government.

(2) If, within fourteen days from the delivery of any such requisition, the
same is not complied with, the  1[State] Government may by a written order
authorise and direct some person to receive from the bank in which Municipal
Fund is lodged the sum or sums mentioned in the said order.

(3)  The  said  bank  shall,  upon  production  of  the  said  written  order,
forthwith pay the said sum or sums to the person therein authorised to receive
the same and the said written order shall be a sufficient discharge to the said
bank from all liability to the Corporation in respect of any sum or sums so
paid by it out of the Municipal Fund.

450. (1)  The 1[State]  Government  may  at  any  time  call  upon  the
Corporation  to  furnish  it  with  any  extract  from  any  proceedings  of  the
Corporation, the Standing Committee, the Transport Committee or any other
committee constituted under this Act or from any record under the control
of  the  Corporation  and  with  any  statistics  concerning  or  connected  with
administration  of  this  Act ;  and  the  Corporation  shall  furnish  the  same
without unreasonable delay.

Power to
1[State]
Government
to call for
extracts from
proceedings,
etc.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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257

Power of State
Government
to issue
instructions
or directions.

Power of
State
Government
to suspend
or rescind
any
resolution
or order,
etc. of
Corporation
or other
authority
in certain
cases.

(2) The 1[State] Government may at any time call upon the Commissioner
or  the  Transport  Manager  to  furnish  it  with  any  information,  report,
explanation  or  statistics  conerning  or  connected  with  the  executive
administration of this Act so far as each is concerned, and the Commissioner
or the Transport Manager, as the case may be, shall  furnish the same without
unreasonable delay.

2[450A. Notwithstanding  anything  contained  in  this  Act,  the  State
Government may issue to the Corporation general instructions as to matters
of  policy  to  be  followed  by  the  Corporation  in  respect  of  its  duties  and
functions, and in particular it may issue directions in the larger public interest
or for implemenation of the policies of the Central Government or the State
Government and the National or the State level programmes, projects and
schemes. Upon the issue of such instructions or directions it shall be the duty
of the Corporation to give effect to such instructions or directions :

Provided  that,  the  State  Government  shall,  before  issuing  any
instructions  or  directions  under  this  section,  give  an  opportunity  to  the
Corporation  to  make  representation  within  fifteen  days  as  to  why  such
instructions  or  directions  shall  not  be  issued.  If  the  Corporation  fails  to
represent  within  fifteen  days  or,  after  having  represented,  the  State
Government,  on  considering  the  representation,  is  of  the  opinion  that
issuing  of  such  instructions  or  directions  is  necessary,  the  State
Government may issue the same].

3[451.

(1) If the State Government is of opinion that the execution of
any resolution or order of the Corporation or any other authority or that the
doing of any act which is about to be done or is being done by or on behalf of
the Corporation of such authority is in contravention of or in excess of the
powers conferred by or under this Act or any other law for the time being
force,  or  is  likely  to  lead  to  a  breach  of  the  peace  or  to  cause  injury  or
annoyance to the public or any class or body of persons, or is likely to lead to
abuse or misuse of or to cause waste of municipal funds against the interest
of the public 4[or is likely to be against the financial interest of the Corporation
or against larger public interest] the State Government may, by order in
writing, suspend the execution of such resolution or order or prohibit the doing
of any such act, for such period or periods as it may specify therein. A copy of
such order shall be sent forthwith by the State Government to the Corporation
and to the Commissioner or the Transport Manager.

(2) On receipt of a copy of the order as aforesaid, the Corporation or
Commissioner  or  Transport  Manager  may,  if  it  or  he  thinks  fit,  make  a
representation to the State Government against the said order.

(3) The State Government may, after considering any representation
received from the Corporation or Commissioner or Transport Manager and
where no such representation is received within a period of thirty days, either
cancel, modify or confirm the order made by it under sub-section (1) or take

1 This word substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 Section 450A was inserted by Mah. 9 of 2011, s. 5.
3 Section 451 was substituted for the original by Mah. 27 of 1975, s. 6.
4 These words were inserted by Mah. 32 of 2011, s. 29.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

1[Power of
State
Government
to dissolve
Corporation.]

such other action in respect of the matter as may in its opinion be just or
expedient, having regard to all the circumstance of the case. Where any order
made under sub-section (1) is confirmed the State Government may direct
that the resolution or order of the Corporation or its authority in respect of
which suspension order was made under sub-section (1) shall be deemed to
be rescinded.

(4) Where any order is made by the State Government under sub-section
(3), it shall be the duty of every Councillor and the Corporation and any other
authority or officer concerned to comply with such order.

452.

(1)  If  at  any  time  upon  representation  made  or  otherwise  it
appears to the  2[State] Government that the Corporation is not competent
to perform, or persistently makes default in the performance of, the duties
imposed upon it by or under this Act or any other law for the time being in
force or exceeds or abuses its powers, the  2[State] Government may, after
having given the Corporation an opportunity to show cause why such order
should not be made, by an order published, with the reasons therefor, in
the Official Gazette  3[dissolve the Corporation with effect from the date to
be specified in the order].

(2)  4[With  effect  from  the  date  specified  in  the  order  passed  under
sub-section (1) or with effect from the date on which the Corporation stands
dissolved under the proviso to article 243-ZF] :—

(a)  5*

(b)  5*

*

*

*

*

*

*

*

*

*

*

*

*

6[(c)  all  powers  and  duties  of  the  Corporation,  the  Standing
Committee,  the  Transport  Committee  and  all  other  committees
constituted  under  the  Act,  shall,  during  the  period  of  dissolution  be
exercised and performed by such Government Officer or Officers as the
State Government may, from time to time, appoint in this behalf;]

7[(d) on dissolution of the Corporation all the property vested in the

Corporation shall vest in the State Government;]

(e) the person or persons appointed under clause (c) may delegate
his  or  their  powers  and  duties  to  an  individual  or  a  committee  or
sub-committee.

1 The marginal note was substituted by Mah. 41 of 1994, s. 74(e).

2 This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.

3 These words were substituted for the portion begining with the words “ direct that the
Corporation” and ending with the words “ superseded under this section. ” by Mah. 41 of 1994,
s. 74 (a).

4 This portion was substituted for the words, brackets and figures “ when an order is made

under sub-section (1)” by Mah. 41 of 1994, s. 74 (b)(i).

5 Clauses (a) and (b) were deleted by Mah. 41 of 1994, s. 74 (b)(ii).

6 Clause (c) was substituted by Mah. 41 of 1994, s. 74 (b)(iii).

7 Clause (d) was substituted by Mah. 41 of 1994, s. 74 (b)(iv).

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259

1[(f) The Government Officer or Officers appointed under clause (c)
and the individual or the members of the committee or sub-committee
referred  to  in  clause  (e)  shall  receive  such  remuneration  from  the
Municipal  Funds  as  the  State  Government  may  from  time  to  time
determine.]

(3) 2

*

*

*

*

*

*

*

(4) The Corporation shall be  3[re-constituted by election of councillor at
general ward elections within the time specified for the purpose in clause (b)
of section 6B] :

Provided  that  the  person  or  persons  appointed  under  clause  (d)  of
sub-section (2) shall continue to exercise the powers and perform the duties
of the Corporation, the Standing Committee and, as the case may be, the
Transport Committee until the first meeting of the Corporation constituted
by the election of councillors as aforesaid shall have been held.

4[452A.

(1)  For  every  Municipal  Corporation  deemed  to  have  been
constituted or constituted for a larger urban area under sub-section (1) or sub-
section (2) as the case may be, of section 3, the State Government may appoint
a Government officer or officers to exercise all the powers and to perform all
the functions and duties of Corporation under this Act:

Provided that an Administrator appointed by the State Government
before  the  31st  May  1994  under  the  provisions  of  this  Act,  as  it  existed
immediately before the 31st May 1994, for a Municipal Corporation deemed
to have been constituted for a larger urban area under sub-section (1) of
section  3  who  is  in  office  on  the  said  date,  shall  be  deemed  to  be  the
Government officer appointed under this sub-section to exercise all the powers
and perform all the functions and duties of the said Corporation under this
Act.

(2) The officer or officers appointed under sub-section (1) shall hold
office until the first meeting of the Corporation or for a period of six months
from the date of specification of an area as a larger urban area, under sub-
section (2) of section 3, whichever is earlier :

Provided that the Administrator deemed to have been appointed as the
Government  officer  under  sub-section  (1)  shall  hold  office  until  the  first
meeting of the Corporation.

(3) The officer or officers appointed or deemed to have been appointed
under sub-section (1) shall receive from the Municipal Fund such pay and
allowances  as  may  be  determined,  from  time  to  time,  by  the  State
Government.]

Power of
State
Government
to appoint
Government
officer or
officers to
exercise
powers and
perform
functions and
duties of
Corporation.

1 Clause (f) was added by Mah. 41 of 1994, s. 74 (b)(v).

2 Sub-section (3) was deleted by Mah. 41 of 1994, s. 74 (c).

3 These  words  were  substituted  for  the  portion  begining  with  the  words
“re-established on” and ending with the words “the provisions of this Act” by Mah. 41 of 1994,
s. 74 (d).

4 Section 452A was substituted by Mah. 4 of 1995, s. 2.

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CHAPTER XXIX.

RULES, BY-LAWS, REGULATIONS AND STANDING ORDERS.

Rules in
Schedule to be
part of the
Act.

Alteration of
and  additions
to Schedule.

453. The Rules in 1[Schedule D] as amended from time to time shall be

deemed to be part of this Act.

454. The Corporation may add to  2[Schedule D] Rules not inconsistent
with the provisions of this Act (which expression shall in this section be
deemed not to include the said Schedule) to provide for any matter dealt with
or for any of the purposes specified in the said Schedule; and may, subject to
the same limitations, amend, alter or annul any rule in the said Schedule :

Provided that, if any rule regulating the punishment of an offence is
altered or amended, the punishment awarded under such altered or amended
rule shall not exceed the maximum provided in section 468.

Power to
make rules
subject to
sanction of
3[State]
Government.

455.

(1) The power to make, add to, alter or rescind any rule under
section 454 shall be subject to the sanction of the 3[State] Government and to
the condition of the rules being made after previous publication.

(2) All rules made under section 454 shall be finally published in the

Official Gazette, and shall thereupon have effect as if enacted in this Act.

(3) In addition to the publication required under sub-sections (1) and (2),
the Corporation may determine in each case what further publication, if any,
is required for rules made or proposed to be made.

Power of
3[State]
Government
to make rules.

456.

(1)  The  3[State]  Government  may  at  any  time  require  the
Corporation to make rules under section 454 in respect of any purpose or
matter specified in section 457.

(2) If the Corporation fails to comply with such requisition within such
reasonable time as may be fixed by the  3[State] Government, the  3[State]
Government may, after previous publication, make such rules and the rules
so made shall, on final publication in the Official Gazette, have effect as if
enacted in this Act.

Special power
of State
Government
to make rules.

4[456A.

(1) Notwithstanding anything contained in sections 454 and 456,
the State Government may, by notification in the Official Gazette, make rules
consistent with the provisions of this Act generally to carry out all or any of
the purposes of this Act. Such rules may provide for charging of fees for any
of the purposes of this Act:

5[Provided  that,  no  rules  in  respect  of  any  matter  relating  to  the
preparation of electoral rolls and conduct of elections shall be made without
consultation with the State Election Commissioner.]

1 The word and letter were substituted for the words “‘ the Schedule” by Mah. 3 of 1996, s.6.

2 The word and letter were substituted for the words “the Schedule” by Mah. 3 of 1996, s.7.

3 This word was substituted for the word “ Provincial ” by the Adaptation of Laws Order, 1950.

4 Section 456A was inserted by Mah. 41 of 1994, s.76.

5 This proviso was added by Mah. 5 of 1995, s.5.

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261

(2) All rules made under this section shall be subject to the condition of

previous publication :

1[Provided that, if the State Government is satisfied that circumstances
exist which render it necessary to take immediate action, it may dispense
with the requirement of previous publication of the rules to be made under
this section, for the purposes of conduct of elections, under this Act.]

(3) Every rule made under this section shall be laid as soon as may be
after it is made, before each House of the State Legislature while it is in session
for a total period of thirty days which may be comprised in one session or in
two successive sessions, and if, before the expiry of the session in which it is
so laid or the session immediately following both Houses agree in making any
modification in the rule or both Houses agree that the rule should not be made,
and notify such decision in the Official Gazette, the rule shall from the date
of publication of such notification have effect only in such modified form or
be of no effect, as the case may be, so however that any such modification or
annulment shall be without prejudice to the validity of anything previously
done or omitted to be done under that rule.]

457.

In particular, and without prejudice to the generality of the powers
conferred by section 454, rules made thereunder may provide for or regulate
all or any of the following purposes and matters, namely :–

Matters in
respect of
which rules
may be made.

(1) Ward elections .—

   *

2 *
*
3[(b)  the  maintenance  of  the  Municipal  Election  Roll  and  the

*

*

*

*

*

preparation, publication and sale of copies thereof ;]

(c)

the nomination of candidates, the form of nomination papers,
objections to such nominations, and the taking and return of deposits from
and to candidates ;

(d) the date, time and place of ward elections and the management

of contested ward elections ;

4*

  *

*

*

*

*

*

*

(f) the mode of voting and the form of ballot paper ;

(g) the counting of votes, the declaration of results and the procedure
incase of equality of votes or in the event of a councillor being elected to
represent more than one ward ;

(h) the custody and disposal of papers relating to ward elections ;

(i) any other matter relating to ward elections for which it may be

expedient to provide.

(2) Proceedings of Corporation and Committees and conduct of business.—

(a) the time and place of meetings of the Corporation, committees

and sub-committees ;

1 This proviso was added by Mah. 8 of 2002, s. 7.

2 Clause (a) was deleted by Mah. 20 of 1980, s. 10.

3 Sub-clause (b) was substituted for the original by Mah. 34 of 1965, s. 9(b).

4 Sub-clause (e) was deleted by Mah. 34 of 1965, s. 9(c).

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(b) the manner in which notice of such meetings shall be given ;
(c) the quorum necessary for the transaction of business at such

meetings ;

(d) the management and adjournment of such meetings, and the
regulation  of  orderly  conduct  of  business  thereat,  including  the
withdrawal or suspension of members guilty of disorderly conduct ;

(e) the submission, asking and answering of questions at meetings

of the Corporation ;

(f) the constitution of Special Committees ;
(g) the keeping of minutes and the submission of reports of meetings

of the Corporation, committees and sub-committees ;

(h) the  delegation  of  the  powers  of  the  Standing  Committee  to

sub-committees ;

(i) the  payment  of  conveyance  charges  to  the  Chairman  and
Members  of  the  Transport  Committee  for  attendance  at  meetings
thereof ;

(j) any other matter relating to the proceedings of the Corporation,
a committee or a sub-committee, the holding and regulation of meetings,
the conduct of debate, the inspection of minute-books and the supply of
copies of minutes to Councillors or other persons on payment of fees or
otherwise.
(3) Municipal Officers and Servants.—(a) The qualifications necessary
for and the method of appointment to posts the power of appointment to which
vests in the Corporation ;

(b) the mode of appointment to other posts ;
(c) the  powers  and  duties  of  the  Municipal  Chief  Auditor  and

his staff ;

(d) the determination of the services under the Municipality to be

treated as essential services for the purposes of Chapter V.
(4) Contracts.—(a) The manner in which contracts may be executed ;

(b) the  security  to  be  demanded  for  the  due  performance  of

contracts ;

(c) the calling, examination and acceptance of tenders ;
(d) the procedure to be followed in disposing of the property of the

Corporation ;
(5) Special Funds.—The constitution, maintenance and disposal of special

funds within the Municipal Fund or the Transport Fund.

(6) Budget  Estimates.—(a)  The  classification  of  budget  estimates  of

expenditure according to budget heads ;

(b) the manner of making reductions in or transfers from one budget head

to another or within a budget head.

(7)  Municipal Taxes.—(a) The assessment and recovery of municipal

taxes ;

(b) the  conditions  on  which  refunds  of  municipal  taxes  shall  be

allowed ;

(c) in respect of a tax leviable under sub-section (2) of section 127,

the matters referred to in sub-section (1) of section 149.
(8)  Drainage.—(a)  The  construction,  maintenance,  improvement,

alteration and discontinuance of drains ;

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263

(b) the conditions and restrictions to be observed with reference to

drains ;

(c) the conditions for connections with municipal drains ;

(d) the  conditions  on  which  occupiers  of  trade-premises  may

discharge any trade effluent into municipal drains ;

(e) the conditions to be observed in erecting or affixing ventilation

shafts or pipes under section 175 ;

(f) the manner in which samples of trade-effluent shall be analysed;

(g) the construction, position and maintenance of water-closets,

privies, urinals, bathing places or washing places.

(9) Water Supply.—The terms and conditions of the supply of water to

buildings or other premises.

(10)  Streets.—(a) The information and documents to be furnished in

connection with the lay-out of lands for buildings and private streets ;

(b) the definition of sky-signs ;

(c) the naming or numbering of streets and public places and the

numbering of  1[premises].

(11)  Regulation  of  buildings.—(a)  The  manner  in  which  further
information  and  documents  in  regard  to  the  erection  of,  or  additions  to,
alterations in, or repairs of, buildings shall be supplied ;

(b) the conditions to be observed in commencing, carrying out, and
completing building work and in occupying buildings on completion of
works ;

(c) the restrictions under which alterations may be made in the use

of buildings ;

(d) the inspection of newly constructed buildings ;

(e) the  conditions  on  which  loans  may  be  granted  out  of  the
Municipal Fund for building and the form of application for such loans.

(12) Fire Brigade. —The powers exercisable by the chief or other officer

of the municipal fire brigade on the occasion of a fire.

(13) Sanitary provisions.—(a) The furnishing of information regarding

the number of occupants in buildings ;

(b) the  removal  and  disposal  of  filth,  rubbish  and  polluted  and

excrementitious matter from premises ;

(c) the maintenance of premises in a sanitary conditions ;

(d) the  prevention  of  nuisances,  including  the  prohibition  and

regulation of wells ;

(e) the removal, trimming and cutting of trees and hedges ;

(f) the regulation of the keeping of animals in the City ;

(g) the regulation of public bathing and the washing of clothes ;

(h) the  information  to  be  furnsihed  by  persons  applying  for
permission  to  establish,  remove,  or  re-open  a  factory,  workshop,
workplace or bakery governed by section 313 ;

1 This word was substituted for the word “ buildings” by Bom. 22 of 1956, s. 8(1).

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(i) the articles which may not be kept and the trades and operations
which may not be carried on in or upon any premises without a licence
under section 376 ;

( j ) the inspection of premises used or suspected of being used as a
factory, workshop, workplace or bakery or for any licenseable trade or
occupation or for the storage of any licenseable article ;

(k) the prevention and regulation of the discharge of smoke, steam,

fumes and noxious vapours ;

(l) the prohibition and regulation of the use of whistles, trumpets
and noise-producing instruments operated by any mechanical means ;

(m) measures for the prevention on the spread of dangerous diseases.

(14) Markets.—The regulation of sales within or outside municipal or

private markets.

(15) Fares and charges levied by Transport Undertaking.—The exhibition
of  notices  of  fares  and  charges  in  vehicles  used  for  the  conveyance  of
passengers.

(16) Vital Statistics.—The supply of forms of certificate regarding the

cause of death to medical practitioners.

(17) General.—Any matter which is or may be prescribed to be provided

for by rules.

By-laws for
what
purpose to be
made.

458. The  Corporation  may  from  time  to  time  make  by-laws,  not
inconsistent  with  this  Act  and  the  rules,  with  respect  to  the  following
matters, namely :—

(1) regulating, in any particular not specifically provided for in this
Act or the rules, the construction, maintenance, protecting, flushing,
cleansing and control of drains, ventilation-shafts or pipes, cess-pools,
water-closets, privies, latrines, urinals, washing places, drainage works
of  every  description,  whether  belonging  to  the  Corporation  or  other
persons, municipal water-works, private communication pipes, private
streets and public streets ;

(2) regulating all matters and things connected with the supply and

use of water ;

(3) regulating the maintenance, supervision and use of public and
private cart-stands and the levy of fees for the use of such of them as
belong to the Corporation ;

(4) prescribing the forms of notice under sections 253 and 254, the
information, documents and plans to be furnished therewith in respect
of different classes of structures or works, the manner in which and the
persons by whom notices shall be signed and the manner in which plans,
sections, descriptions, structural drawings or structural calculations
shall be drawn, given, prepared and signed ;

(5) regulating the manner in which, the supervision under which,
the agency through which and the conditions and restrctions under which
the work of erecting or re-erecting buildings of particular classes and
any work such as is described in section 254 shall be carried out ;

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265

(6)  the  structure  of  walls,  foundations,  roofs  and  chimneys,  the
number, width and position of staircases, the width of corridors and
passages, the materials, dimensions and strength of floors and staircases
and of all scantlings, girders, posts and columns of buildings, for securing
stability and the prevention of fires and the safety of the inmates in the
event of fire and for purposes of health, either generally or with reference
to the type of the structure and the use to which it is intended to be put ;
(7) the construction of scaffolding for building operations to secure

the safety of the operatives and of the general public ;

(8) the provision and maintenance of sufficient open space, either
external or internal, about buildings to secure a free circulation of air,
and of other means for the adequate ventilation of buildings ;

(9) the provision and maintenance of suitable means of access to

buildings and preventing encroachment thereon ;

(10) the provision and maintenance of  house-gullies and service-

passages ;

(11) regulating the conditions on which frame buildings may be

constructed ;

(12) regulating the use of land as building sites, prescribing the
minimum size of such sites, either generally or for specified areas and
prescribing set-backs from the street margin for all or particular classes
of  buildings  on  specified  streets  or  classes  of  streets  or  in  specified
localities ;

(13) regulating the height of structures generally or with reference
to the materials of which they are constructed or the width of the streets
on  which  they  front  or  the  areas  in  which  they  are  situated  or  the
purposes for which they are intended to be used ;

(14) regulating the number and height above the ground or above

the next lower story of the storeys of which a building may consist ;

(15)  prescribing  the  form  of  the  completion  certificate  required
under section 263 and the manner in which and the person by whom it
shall be signed and subscribed ;

(16) regulating the intervals at which, the manner in which and
the persons by whom buildings shall be periodically inspected under
section 265 ;

(17) regulating the management, maintenance, control and use of
dwellings intended for the poorer sections of the community vesting in
the Corporation ;

(18)  prescribing  the  qualifications  and  experience  of  licensed
surveyors, architects, engineers, structural designers, clerks of works
and plumbers ;

(19) regulating in any particular not specifically provided for in this
Act conservancy and sanitation, the destruction of rodents and other
vermin, preventive and remedial measures against mosquitos, flies and
other insect pests ;

(20) the control and supervision of all premises used for any of the
purposes mentioned in section 376 and of all trades and manufactures
carried on thereon and the prescribing and regulating of the construction,
dimensions, ventilation, lighting, cleansing, drainage and water-supply
of any such premises ;

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(21) the inspection of milch-cattle, and prescribing and regulating
the construction, dimensions, ventilation, lighting, cleansing, drainage
and water supply of cattle-sheds and dairies ;

(22)  securing  the  cleanliness  of  milk-stores,  milk-shops  and

milk-vessels used by dairymen or milk-sellers for containing milk ;

(23) regulating the sale of milk in the City ; the protection of milk
against contamination and the prevention of the sale of contaminated milk ;

(24)  requiring  notice  to  be  given  whenever  any  milch  animal  is
affected with any contagious disease and prescribing precautions to be
taken  for  protecting  milch-cattle  and  milk  against  infection  or
contamination ;

(25) regulating the measures to be taken in the event of the outbreak
of any disease among animals which is communicable to man and the
supply of  information which will facilitate the taking of such measure ;

(26)  securing  the  efficient  inspection  of  markets  and  slaughter-
houses and of shops in which articles intended for human food are kept
or sold ;

(27) the control and supervision of butchers carrying on business

within the City or at a municipal slaughter-house without the City ;

(28) regulating the use of any municipal market building, market

place or slaughter-houses, or any part thereof ;

(29) controlling and regulating the sanitary condition of markets and

slaughter-houses and preventing the exercise of cruelty therein ;

(30) the licensing of hand-carts, other than those exempted from
taxation under section 143 or those plying for hire in respect of which
licences have been issued under the *Bombay Public Conveyances Act,
1920, and the seizure and detention of any such hand-carts that have not
been duly licensed ;

(31) requiring notice to be given of the occurrence of cases of any
infectious, epidemic or endemic disease, not being a dangerous disease,
which may be specified and prescribing the precautions to be taken by
persons suffering from, or exposed to infection from, any such disease ;

(32) regulating the disposal of the dead and the maintenance of all
places for the disposal of the dead in good order and in a safe sanitary
condition, due regard being had to the religious usages of the several
classes of the community ;

(33) regulating the use of any place for the skinning and cutting up

of the carcasses of animals ;

(34) facilitating and securing complete and accurate registration of

births and deaths ;

(35) the registration of marriages ;

(36) securing the protection of public parks, gardens, public parking
places and open spaces vested in or under the control of the Corporation
from injury or misuse, regulating their management and the manner in
which  they  may  be  used  by  the  public  and  providing  for  the  proper
behaviour of persons in them ;

* Now, the short title was amended as “the Maharashtra Public Conveyances Act” (VII of 1920)

by Mah. 24 of 2012, s. 2 and 3, Schedule, entry 14, with effect from the 1st May 1960.

Bom VII
of 1920.

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Maharashtra  Municipal  Corporations  Act

267

(37) regulating the use of barbed wire or other material for the
fencing of land or premises abutting on any street, pathway or place which
the public are entitled to use or frequent ;

(38) regulating trade in rags, bones or second-hand clothing, bedding
or other similar articles, including measures for disinfecting on import
or before removal, sale or exposure for sale or use in any manufacturing
process of any such article ;

(39) regulating the holding of fairs and industrial exhibitions in the

City ;

(40)  regulating  and  prohibiting  the  stocking  of  inflammable
materials and of the lighting of fires in any specified portion of the City ;

(41) regulating the charges for services rendered by any municipal

authority ;

(42) regulating admission to, and use by members of the public of,
municipal  hospitals,  dispensaries,  infirmaries,  homes  and  similar
institutions and the levy of fees therein ;

(43) the protection of the property of the Corporation ;

(44) regulating the inspection by members of the public of municipal

records and the fees to be charged before such inspection is allowed ;

(45)  regulating  the  grant  of  certified  copies  or  extracts  from
municipal records, and the fees chargeable for such copies or extracts ;

(46) regulating the appointment by owners of  buildings or lands in
the City who are not resident therein of agents residing in or near the
City to act for such owners for all or any of the purposes of this Act or
the rules, regulations or by-laws ;

(47)  regulating  generally  matters  affecting  the  conduct  of  the
Transport Undertaking and the travelling in or upon vehicles of the
Undertaking  used  for  the  conveyance  of  passengers,  subject  to  the
provisions of any other enactment applicable to the Undertaking and the
provisions of any rules, by-laws, regulations, permit or licence issued
thereunder, and, in particular, the observance by municipal officers and
servants  appointed  in  connection  with  the  Undertaking  of  sobriety,
courtesy and special vigilance to prevent danger to persons or vehicles
using the streets ;

(48) carrying out generally the provisions and intentions of this Act.

459.

It shall be the duty of the Commissioner from time to time to lay
before the Corporation for its consideration a draft of any by-law which he shall
think necessary or desirable for the furtherance of any purpose of this Act.

460. No by-law shall be made by the Corporation, unless,—

(a) a notice of the intention of the Corporation to take such by-law into
consideration shall have been given in the Official Gazette and in the local
newspapers at least six weeks before the date on which the Corporation
finally considers such by-law ;

Commissioner
to lay draft
by-laws before
the
Corporation
for its
consideration.

Hearing by
Corporation of
objections to
proposed by-
laws.

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By-laws to be
confirmed by
1[State]
Government.

By-laws
confirmed by
1[State]
Government
to be
published in
the Official
Gazette.

Printed copies
of by-laws to
be kept on
sale.

(b) a printed copy of such by-law shall have been kept at the chief
municipal office and made available for public inspection free of charge
by any persons desiring to peruse the same at any reasonable time for at
least one month from the date of the notice given under clause (a) ;

(c) printed copies of such by-law shall have been delivered to any
person requiring the same on payment of such fee for each copy as shall
be fixed by the Commissioner ;

(d) all objections and suggestions which may be made in writing by
any person with respect thereto within one month of the date of the notice
given under clause (a) shall have been considered by the Corporation.

461. No by-law made under section 458 shall have any validity unless

and until it is confirmed by the  1[ State] Government.

462. When any by-law has been confirmed by the1[State] Government
it shall be published in the Official Gazette, and thereupon shall have the
force of law.

463.

(1) The Commissioner shall cause all by-laws from time to time
in force to be printed, and shall cause printed copies thereof to be delivered
to any person requiring the same, on payment of such fee for each copy as
he may fix.

(2) Printed copies of the by-laws for the time being in force shall be
kept  for  public  inspection  in  some  part  of  the  municipal  office  to  which
the general public has access and in such places of public resorts, markets,
slaughter-houses  and  other  works  or  places  affected  thereby,  as  the
Commissioner  thinks  fit,  and  the  said  copies  shall  from  time  to  time  be
renewed  by  the  Commissioner.

(3) In regard to by-laws relating exclusively to the operations of the
Transport Undertaking the provisions of this section shall apply as if for
the  word  “Commissioner”  the  words  “Transport  Manager”  had  been
substituted  and  as  if  sub-section  (2)  had  provided  for  the  display  of  the
relevant by-laws in every vehicle of the Transport Undertaking used for the
conveyance of the public.

1[State]
Government
may modify
or repeal
by-laws.

464.

(1) If it shall at any time appear to the  1[State] Government that
any by-law should be modified or repealed either wholly or in part, it shall
cause its reasons for such opinion to be communicated to the Corporation and
prescribe a reasonable period within which the Corporation may make any
representation with regard thereto which it shall think fit.

(2) After receipt and consideration of any such representation or, if in
the meantime no such representation is received, after the expiry of the
prescribed period, the  1[State] Government may at any time by notification
in the Official Gazette, modify or repeal such by-law either wholly or in part.

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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269

(3) The modification or repeal of a by-law under sub-section (2) shall take
effect from such date as the 1[State] Government shall in the said notification
direct or, if no such date is specified, from the date of the publication of the
said notification in the Official Gazette, except as to anything done or suffered
or omitted to be done before such date.

(4) The said notification shall also be published in the local newspapers.

465.

(1) The  Standing  Committee  shall  from  time  to  time  frame
regulations not inconsistent with this Act and the rules but in consonance
with any resolution that may be passed by the Corporation,—

Regulations.

(a) prescribing the qualifications required for appointments to posts
in municipal service other than those specified in sub-clause (a) of clause
(3) of section 457 ;

(b) fixing the amount and the nature of the security to be furnished
by  any  municipal  officer  or  servant  from  whom  it  may  be  deemed
expedient to require security ;

(c) regulating the grant of leave to municipal officers and servants ;

(d) authorizing the payment of allowances to the said officers and

servants, or to certain of them, whilst absent on leave ;

(e) determining  the  remuneration  to  be  paid  to  the  persons
appointed to act for any of the said officers or servants during their
absence on leave ;

(f) authorizing the payment of travelling or conveyance allowance

to the said officers and servants ;

(g)  regulating  the  period  of  service  of  all  the  said  officers  and

servants ;

(h) determining the conditions under which the said officers and
servants,  or  any  of  them,  shall  on  retirement  or  discharge  receive
pensions, gratuities or compassionate allowances, and under which the
surviving spouse or children and, in the absence of the surviving spouse
or children, the parents, brothers and sisters, if any, dependent on any
of  the  said  officers  and  servants,  shall,  after  their  death,  receive
compassionate allowances and the amounts of such pensions, gratuities
or compassionate allowances ;

(i) prescribing  the  procedure  to  be  followed  in  removing  from
service or dismissing or otherwise punishing any municipal officer or
servant other than an officer who is appointed under section 40 or 45 or
who is appointed to act in the place of such officer ;

(j) authorizing the payment of contributions, at certain prescribed
rates and subject to certain prescribed conditions, to any pension or
provident fund which may, with the approval of the Standing Committee,
be established by the said officers and servants or to such provident fund,
if any, as may be established by the Corporation for the benefit of the
said officers and servants ;

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

H 610—37a

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(k)  prescribing  the  conditions  under  which  and,  subject  to  the
provisions of sub-section (2) of section 50, the authorities by whom the
said officers and servants or any of them, may be permitted while on duty
or during leave to perform a specified service or series of services for a
private person or body or for a public body, including a local authority,
or for the Government and to receive remuneration therefor ;

(l)

in general, prescribing any other conditions of service of the

said officers and servants.

(2) The Standing Committee may also from time to time frame regulations

not inconsistent with the provisions of this Act and the rules—

(a) determining the standards of fitness of buildings for human

habitation ;

(b) regulating  the  declaration  of  expenses  incurred  by  the
Commissioner under the provision of this Act and the rules in respect of
any materials or fittings, supplied or work executed or thing done to,
upon or in connection with some building or land which are recoverable
from the owner or occupier to be improvement expenses ;

(c) prescribing  the  powers  of  the  Municipal  Chief  Auditor  with
regard  to  the  disapproval  of,  and  the  procedure  with  regard  to  the
settlement  of  objections  to,  expenditure  from  the  revenues  of  the
Corporation ;

(d) regulating the grant of permission by the Commissioner for the
construction of shops, ware-houses, factories, huts or buildings designed
for particular uses in any streets, portions of streets or localities specified
in a declaration in force under section 269.

(3)  (a)  No  regulation  under  sub-section  (1)  or  under  clause  (a)  of
sub-section (2) shall have effect until it has been confirmed by the Corporation
and, if made under clause (h) of sub-section (1), until it has in addition been
confirmed by the  1[State] Government ;

(b) regulations under 2[clause (c) of sub-section (2)] shall be made in
consultation with the Chief Auditor and shall not have effect unless
sanctioned by the Corporation.

(4) With reference to officers and servants appointed under Chapter XX
and to expenditure from the Transport Fund the provisions of sub-section
(1) and of clause (c) of sub-section (2) shall apply as if for the words “ Standing
Committee” the words “ Transport Committee” had been substituted.

Making of
standing
orders by
Commissioner.

466.

(1) The Commissioner may make standing orders consistent with
the provisions of this Act and the rules and by-laws in respect of the following
matters, namely :—

(A) (a) prescribing nakas for the collection of  3* * and tolls ;

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 These words, brackets, letter and figure were substituted for the words, brackets, letter and

figure “clause (6) of sub-section (2)” by Bom. 39 of 1951, s. 3, Second Schedule.

3 The words “ octroi and ” were deleted by Mah. 42 of 2017, s. 43 (1).

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Maharashtra  Municipal  Corporations  Act

271

(b) regulating the mode and manner in which 1 * * tolls shall be collected ;

2 * *

(d) regulating the stamping, sealing or otherwise marking of imported

goods ;

3 * *

(f) determining the supervision under which, the routes by which and
the time within which goods intended for immediate exportation shall be
conveyed out of City and the fees payable by persons so conveying the goods ;

4 * *

(B) the manner in which sales of immovable property attached for the

non-payment of municipal dues shall be held ;

(C) (a) the training, discipline and good conduct of the men belonging
to the municipal fire-brigade and any volunteer fire-brigade recognised by
the Corporation ;

(b) their speedy attendance with engines, fire-escapes and all necessary

implements on the occasion of any alarm of fire ;

(c) the  maintenance  of  the  said  brigade  generally  in  a  due  state  of

efficiency;

(d) determining the officers to whom and the places at which intimation
of the outbreak of a fire shall be reported and the action to be taken on the
receipt of such intimation ;

(e) for the granting of gratuities, rewards or certificates to persons who
have given notice of fires or who have rendered meritorious service to the
fire-brigade on the occasion of a fire ;

(D) (a) for preventing nuisance or obstruction in any market-building,
market-place, slaughter-house or stock-yard or in the approaches thereto ;

(b) fixing  the  days  and  the  hours  on  and  during  which  any  market,
slaughter house or stock-yard may be held or kept open for use and prohibiting
the owner of any private market from keeping it closed without lawful excuse
on such days or during such hours ;

(c) prohibiting every vendor in a market from closing his shop, stall or
standing to the public without lawful excuse or from withholding from sale
any articles in which he normally deals ;

(d) for keeping every market-building, market-place, slaughter-house or
stock-yard in a cleanly and proper state, and for removing filth and refuse
therefrom ;

1 This word “octroi and” were deleted by Mah. 42 of 2017, s. 43(2).
2 Clause (c) was deleted by Mah. 42 of 2017, s. 43 (3).
3 Clause (e) was deleted by Mah. 42 of 2017, s. 43 (4).
4 Clause (g) was deleted by Mah. 42 of 2017, s. 43 (5).

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    [1949 : LIX

(e) requiring that any market-building, market-place, slaughter-house
or stock-yard be property ventilated and be provided with a sufficient supply
of water ;

(f) requiring that in market-buildings and market-places passages be
provided between the stalls of sufficient width for the convenient use of the
public ;

(g) for the marking or branding for purpose of identification of animals

rejected for slaughter as discarded or unwholesome ;

(h) regulating the method of slaughter at slaughter-houses ;

(i) requiring the allotment in markets of separate areas for different

classes of articles;

(j) generally regulating the orderly management and control of markets,

slaughter-houses and stock-yards.

(2) No order made by the Commissioner under clause (A) of sub-section
(1)  shall  be  valid  unless  it  is  approved  by  the  Standing  Committee  and
confirmed  by  the  1[State]  Government,  and  no  order  made  by  the
Commissioner under clause (B) or paragraph (e) of clause (C) of sub-section
(1) shall be valid unless it is approved by the Standing Committee.

Posting of
standing
orders and
table of
stallage,
rents, etc.

467. A  printed  copy  of  the  standing  orders  shall  be  affixed  in
conspicuous place in the municipal office and a printed copy of the table of
stallages, rents and fees, if any, in force in any market, slaughter-house or
stock-yard under sections 332 and 333 shall be affixed in some conspicuous
spot in the market-building, market-place, slaughter-house or stock-yard.

Penalty for
breach of
rules, by-laws,
regulations or
standing
orders.

468.

In  making  rules  under  section  454  or  by-laws,  regulations  or
standing orders, the  1[State] Government, the Corporation, the Standing
Committee, or the Commissioner, as the case may be, may provide that for
any breach thereof the offender shall on conviction —

(a)  be punished with fine which may extend to five hundred rupees, and
in the case of a continuing breach with fine which may extend to twenty rupees
for every day during which the breach continues, after conviction for the first
breach ;

(b) be punished with fine which may extend to twenty rupees for every
day during which the breach continues, after receipt of written notice from
the Commissioner or any municipal officer duly authorised in that behalf to
discontinue the breach ;

(c) in addition to the imposition of such fine, be required to remedy the

mischief so far as lies in his power.

1 This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.

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273

Public notices
how to be
made known.

Advertisements
how to be
made.

Consent, etc.
of
Corporation,
etc. may be
proved by
written
document.

CHAPTER XXX.

MISCELLANEOUS.

Public Notices and Advertisements.

469. Whenever it is provided by or under this Act that public notice
shall or may be given of anything, such public notice shall, in the absence of
special provision to the contrary, be in writing under the signature of the
Commissioner or of a municipal officer empowered under section 69 to give
the  same,  and  shall  be  widely  made  known  in  the  locality  to  be  affected
thereby, by affixing copies thereof in conspicuous public places within the said
locality, or by publishing the same by beat of drum, or by advertisement in
the local newspapers, or by any two or more of these means and by any other
means that the Commissioner shall think fit.

470. Whenever it is provided by or under this Act that notice shall be
given by advertisement in the local newspapers, or that a notification or any
information  shall  be  published  in  the  local  newspapers,  such  notice,
notification or information shall be inserted, if practicable, in at least two
newspapers in such language or languages as the Corporation may from time
to time specify in this behalf published or circulating in the City.

471.

(1) Whenever under this Act or any rule, by-law, regulation or
standing order, the doing or the omitting to do anything or the validity of
anything  depends  upon  the  consent,  sanction,  approval,  concurrence,
confirmation, declaration, opinion or satisfaction of—

(a) the Corporation, the Standing Committee, the Transport Committee

or any other Committee ;

(b) the Commissioner or the Transport Manager or any municipal officer,
a written document signed as provided in sub-section (2) purporting to convey
or set forth  such  consent, sanction, approval, concurrence, confirmation,
declaration, opinion or satisfaction shall be sufficient evidence of such consent,
sanction,  approval,  concurrence,  confirmation,  declaration,  opinion  or
satisfaction.

(2) The written document referred to in sub-section (1) shall be signed—

(a) when the authority concerned is the Corporation or the Standing
Committee or any Committee other than the Transport Committee, by the
Municipal Secretary on behalf of such authority ;

(b) when the authority concerned is the Transport Committee, by the

Chairman of that Committee;

(c) when the authority concerned is the Commissioner, the Transport
Manager or any municipal officer, the Commissioner, the Transport Manager
or such municipal officer, as the case may be.

Service of Notices, etc.

472. Notices, bills, schedules, summonses and other such documents
required by this Act or by any rule, regulation or by-law to be served upon or
issued or presented or given to any person, shall be served, issued, presented
or given by municipal officers or servants or by other persons authorized by
the Commissioner in this behalf.

Notices, etc.
by whom to be
served or
presented.

274

Service  how  to
be  effected  on
owners  of
premises  and
other  persons.

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

473. When  any  notice,  bill,  schedule,  summons  or  other  such
documents required by this Act, or by any rule, regulation or by-law to be
served  upon  or  issued  or  presented  to  any  person  such  service,  issue  or
presentation shall, except in the cases otherwise expressly provided for in
section 474, be effected .—

(a) by giving or tendering to such person the said notice, bill, schedule,

summons or other documents ; or

(b) if such person is not found, by leaving the said notice, bill, schedule,
summons or other document at his last known place of abode in the City, or
by giving or tendering the same to some adult member or servant of his family,
or by leaving the same at his usual place of business, if any, or by giving or
tendering the same to some adult employee, if any, of his at such place ; or

(c) if such person does not reside in the City and his address eleswhere
is known to the Commissioner by forwarding the said notice, bill, schedule,
summons or other document to him by post under cover, bearing the said
address; or

(d) if none of the means aforesaid be available, by causing the said notice,
bill, schedule, summons or other document to be affixed on some conspicuous
part of the building or land, if any, to which the same relates.

Service on
owner or
occupier of
premises how
to be effected.

474. When any notice, bill, schedule, summons or other such document
is required by this Act, or by any rule, regulation or by-law, to be served upon
or issued or presented to the owner or occupier of any building or land, it
shall not be necessary to name the owner or occupier therein, and the service,
issue or presentation thereof shall be effected, not in accordance with the
provisions of the last preceding section, but as follows, namely :—

(a) by giving or tendering the said notice, bill, schedule, summons or
other document to the owner or occupier, or if there be more than one owner
or occupier, to any one of the owners or occupiers of such building or land; or

(b) if the owner or occupier or no one of the owners or occupiers is found,
by  giving  or  tendering  the  said  notice,  bill,  schedule,  summons  or  other
document to some adult member or servant of the family of the owner or
occupier or of any of the owners or occupiers ; or

(c) if none of the means aforesaid be available by causing the said notice,
bill, schedule, summons or other document to be affixed on some conspicuous
part of the building or land to which the same relates.

475. Nothing in sections 472, 473 and 474 applies to any summons

issued under this Act by a Magistrate.

476.

(1) Every  licence,  written  permission,  notice,  bill,  schedule,
summons or other document required by this Act or by any rule, regulation
or by-law to bear the signature of the Commissioner or of any municipal officer
shall be deemed to be properly signed if it bears a facsimile of the signature
of the Commissioner or of such municipal officer, as the case may be, stamped
thereupon.

(2) Nothing in this section shall be deemed to apply to a cheque drawn
upon  the  Municipal  Fund  or  upon  the  Transport  Fund  under  any  of  the
provisions of this Act, or to any deed of contract.

Sections 472,
473 and 474
inapplicable
to
magistrate’s
summons.

Signature on
notices, etc.,
may be
stamped.

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Maharashtra  Municipal  Corporations  Act

477.

(1) The Commissioner may, in order to facilitate the service, issue,
presentation, or giving of any notice, bill, schedule, summons or other such
document  upon  or  to  any  person  by  written  notice  require  the  owner  or
occupier of any premises, or of any portion thereof to state in writing, within
such period as the Commissioner may specify in the notice, the nature of his
interest therein and the name and address of any other person having an
interest therein, whether as freeholder, mortgagee, lessee or otherwise, so
far as such name and address is known to him.

(2) Any person required by the Commissioner in pursuance of sub-section
(1) to give the Commissioner any information shall be bound to comply with
the same and to give true information to the best of his knowledge and belief.

Unauthorised works.

478.

(1)  If any work or thing requiring the written permission of the
1[Designated Officer] under any provision of this Act, or any rule, regulation
or by-law is done by any person without obtaining such written permission
or if such written permission is subsequently suspended or revoked for any
reason by the 1[Designated Officer], such work or thing shall be deemed to be
unauthorised and, subject to any other provision of this Act, the 1[Designated
Officer] may at any time, by written notice, require that the same shall be
removed, pulled down or undone, as the case may be, by the person so carrying
out or doing. If the person carrying out such work or doing such thing is not
the owner at the time of such notice then the owner at the time of giving such
notice shall be liable for carrying out the requisitions of the  1[Designated
Officer].

(2) If within the period specified in such written notice the requisitions
contained therein are not carried out by the person or owner, as the case may
be, the 1[Designated Officer] may remove or alter such work or undo such thing
and the expenses thereof shall be paid by such person or owner, as the case
may be.

Enforcement of order to execute works, etc.

479. (1) Subject to the provisions of this Act and of the rules, by-laws,
regulations and standing orders, when any requisition or order is made under
any provision of this Act or of any rule, by-law, regulation or standing order
by written  notice by the Commissioner, or by any municipal officer duly
empowererd in this behalf, a reasonable period shall be prescribed in such
notice for carrying such requisition  or order into effect, and if, within the
period  so  prescribed,  such  requisition  or  order  or  any  portion  of  such
requisition or order is not complied with, the Commissioner may take such
measures or cause such work to be executed or such thing to be done as shall,
in his opinion, be necessary for giving due effect to the requisition or order
so  made ;  and,  unless  it  is  in  this  Act  otherwise  expressly  provided,  the
expenses thereof shall be paid by the person or by any one of the persons to
whom such requisition or order was addressed.

(2) The Commissioner may take any measure, execute any work or cause
anything to be done under this section, whether or not the person who has
failed to comply with the requisition or order is liable to punishment or has
been prosecuted or sentenced to any punishment for such failure.

275

Power of
Commissioner
to call for
information
as to
ownership of
premises.

Work of thing
done without
written
permission of
the
1[Designated
Officer] to be
deemed
unauthorised.

Works, etc.
which any
person is
required to
execute may
in certain
cases be
executed by
Commissioner
at such
person’s cost.

1 These words were substituted for the words “Commissioner” by Mah. 2 of 2012, s.18.

H 610—38

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Supply of
materials.

480. On the written request of any person who is required under any
of the provisions of this Act or of any rule, regulation or by-law to supply any
materials or fittings, the Commissioner may, on such person’s behalf, supply
the necessary materials or fittings, or cause the necessary work to be done :

Provided that, where the provisions of section 441 or 442 will not apply,
a deposit shall first of all be made by the said person of a sum which will, in
the opinion of the Commissioner, suffice to cover the cost of the said materials,
fittings and work.

Provisions
respecting
institution,
etc., of civil
and criminal
actions and
obtaining
legal advice.

481.

(1)  The Commissioner may,—

Legal Proceedings.

(a) take, or withdraw from proceedings against any person who is

charged with,—

(i) any  offence  against  this  Act  or  any  rule,  regulation  or

by-law ;

(ii) any offence which affects or is likely to affect any property
or interest of the Corporation or the due administration of this Act ;

(iii) committing any nuisance whatever ;

(b) compound any offence against this Act or any rule, regulation
or by-law which under the law for the time being in force may legally
be compounded ;

(c) defend any election petition brought under section 16 ;

(d) defend, admit or compromise any appeal against a rateable value
1[or capital value, as the case may be,] or tax brought under section 406 ;

(e) take, withdraw, from or compromise, proceedings under sub-
section (2) of section 402, sub-sections (3) and (4) of section 439 and
sections  391  and  416  for  the  recovery  of  expenses  or  compensation
claimed to be due to the Corporation ;

(f) withdraw or compromise any claim for a sum not exceeding five
hundred rupees against any person in respect of a penalty payable under
a contract entered into with such person by the Commissioner, or, with
the approval of the Standing Committee, any such claim for any sum
exceeding five hundred rupees ;

(g) defend any suit or other legal proceedings brought against the
Corporation  or  against  the  Commissioner  or  a  municipal  officer  or
servant  in  respect  of  anything  done  or  omitted  to  be  done  by  them,
respectively, in their official capacity ;

(h) with  the  approval  of  the  Standing  Committee,  admit
or compromise any claim, suit or legal proceeding brought against the
Corporation  or  against  the  Commissioner  or  a  municipal  officer  or
servant, in respect of anything done or omitted to be done as aforesaid ;

(i) with  the  like  approval,  institute  and  prosecute  any  suit  or
withdraw from or compromise any suit or any claim, other than a claim
of the description specified in clause (f), which has been instituted or
made in the name of the Corporation or of the Commissioner ;

1 These words were inserted by Mah. 10 of 2010, s.20.

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Maharashtra  Municipal  Corporations  Act

277

(j) obtain and pay for such legal advice and assistance as he may,
from time to time, think it necessary or expedient to obtain or as he may
be desired by the Corporation or the Standing Committee to obtain, for
any of the purposes mentioned in the foregoing clauses of this sub-section
or for securing the exercise or discharge of any power or duty vesting in
or imposed upon any municipal authority or any municipal officer or
servant :

Provided that the Commissioner shall not defend any suit or legal
proceeding under clause (g) without first of all taking legal advice with
regard thereto, and shall institute and prosecute any suit which the
Corporation shall determine to have instituted and prosecuted.

(2)  In  relation  to  legal  proceedings  arising  out  of  the  acquisition,
extension,  administration,  operation  and  maintenance  of  the  Transport
Undertaking the provisions of sub-section (1) shall apply as if for the word
“Commissioner” the words “Transport Manager” and for the words “Standing
Committee”  the  words  “Transport  Committee”  had  respectively  been
substituted.

General.

482.

(1) The  Commissioner  and  the  Transport  Manager  and  every
councillor  and  every  member  of  the  Transport  Committee  who  is  not  a
councillor and every municipal officer or servant appointed under this Act,
and every contractor or agent for the collection of any municipal tax and every
servant or other person employed by any such contractor or agent shall be
deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code.

(2) For the purposes of sub-section (1) the word “Government” in the
definition of “ legal remuneration” in section 161 of the Indian Penal Code
shall be deemed to include the Corporation.

1[(3) Every Councillor shall be deemed to be a public servant within the
meaning of clause (c) of section 2 of the Prevention of Corruption Act, 1988.]

2[482A. Notwithstanding anything contained in section 197 of the Code
of Criminal Procedure, 1973 and section 19 of the Prevention of Corruption
Act, 1988, in case of Councillor, the State Government shall be competent to
accord previous sanction as required under the said section. 197 and 19.]

483.

(1) The District Magistrate and the District Superintendent of
Police having jurisdiction in the City shall, as far as may be, co-operate by
themselves  and  through  their  subordinates,  with  the  Commissioner  for
carrying  into  effect  and  enforcing  the  provisions  of  this  Act  and  for  the
maintenance of good order in the City.

(2) It shall be the duty of every police officer in the City to communicate
without  delay  to  the  proper  municipal  officer  any  information  which  he
receives of a design to commit or of the commission of any offence against
this  Act  or  against  any  rule,  regulation  or  by-law  and  to  assist  the
Commissioner or any municipal officer or servant reasonably demanding his
aid for the lawful exercise of any power vesting in the Commissioner or in
such municipal officer or servant under this Act.

XLV of
1860.

XLV of
1860.

49 of
1988.

2 of
1974.
49 of
1988.

1 This sub-section was added by Mah. 34 of 2014, s. 4.
2 This section was inserted by Mah. 34 of 2014, s. 5.

H 610—38a

Councillors,
etc. to be
deemed to be
public
servants.

Power of
State
Government
to accord
previous
sanction.
Co-operation
of Police, etc.

278

Assistance  for
the recovery of
rent on land.

Informalities
and error in
assessments,
etc., not to be
deemed to
invalidate
such
assessment,
etc.

Indemnity for
acts done in
good faith.

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Bom. V
of 1879.

484. For the purpose of the recovery of any amount due on account of
rent from any person to a Corporation in respect of any land vested in or
otherwise held by such Corporation, the Corporation shall be deemed to be a
superior holder and every such person an inferior holder of such land, within
the meaning of sections 86 and 87 of the Bombay Land Revenue Code, *1879;
and the Corporation as superior holder shall be entitled, for the recovery of
every such amount, to all the assistance to which under the said sections a
superior holder is entitled for the recovery of rent or land revenue payable
to him by an inferior holder.

485.

(1) Any informality, clerical error, ommission or other defect in
any assessment made or in any distress levied or attachment made or in any
notice, bill, schedule, summons or other documents issued under this Act, or
under any rule, regulation, by-law or standing order may at any time, as far
as possible, be rectified.

(2) No such informality, clerical error, omission or other defect shall be
deemed to render the assessment, distress, attachment, notice, bill, schedule,
summons or other documents invalid or illegal if the provisions of this Act
and of the rules, regulations, by-laws and standing orders have in substance
and effect been complied with, but any person who sustains any special damage
by reason of any such informality, clerical error, omission or other defect shall
be  entitled  to  recover  compensation  for  the  same  by  suit  in  a  Court  of
competent jurisdiction.

486. No suit, prosecution or other legal proceeding shall lie in respect
of anything in good faith done or purported or intended to be done under this
Act against any councillor or against any member of the Transport Committee
who is not a councillor or against the Commissioner, the Transport Manager
or any municipal officer or servant or against any person acting under and in
accordance with the directions of the Corporation, any committee constituted
under this Act, the Commissioner, the Transport Manager, any municipal
officer or servant or of a Magistrate.

Protection of
persons acting
under this
Act, against
suits.

487.

(1) No suit shall be instituted against the Corporation or against
the Commisssioner, or the Transport Manager, or against any municipal
officer  or  servant,  in  respect  of  any  act  done  or  purported  to  be  done  in
pursuance or execution or intended execution of this Act or in respect of any
alleged neglect or default in the execution of this Act: —

(a) until the expiration of one month next after notice in writing
has been, in the case of the Corporation, left at the chief municipal office
and, in the case of the Commissioner or of the Transport Manager or of
a municipal officer or servant delivered to him or left at his office or place
of abode, stating with reasonable particularity the cause of action and
the name and place of abode of the intending plaintiff and of his attorney,
advocate, pleader or agent, if any, for the purpose of such suit, nor

(b) unless it is commenced within six months next after the accrual

of the cause of action.

(2) At the trial of any such suit—

* Now see the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

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Maharashtra  Municipal  Corporations  Act

279

(a) the plaintiff shall not be permitted to go into evidence of any
cause of action except such as is set forth in the notice delivered or left
by him as aforesaid;

(b) the claim, if it be for damages, shall be dismissed if tender of
sufficient amends shall have been made before the suit was instituted
or if, after the institution of the suit, a sufficient sum of money is paid
into Court with costs.

(3) Where the defendant in any such suit is a municipal officer or servant,
payment  of  the  sum  or  of  any  part  of  any  sum  payable  by  him  in,  or  in
consequence  of  the  suit,  whether  in  respect  of  costs,  charges,  expenses,
compensation for damages or otherwise, may be made, with the previous
sanction of the Standing Committee or the Transport Committee from the
Municipal Fund or the Transport Fund, as the case may be.

488. Notwithstanding the provisions of sections 48, 65, 66 and 67 of the

Bom. V
of 1879.

Bombay Land Revenue Code, 1879*—

(1) the use of any land for any purpose to which it may lawfully be put
under the provisions of this Act shall not be prohibited in exercise of the
powers conferred by or under the said Code ;

(2) it shall be sufficient for any occupant of land assessed or held for the
purpose of agriculture to show to the satisfaction of the Collector that he has
complied with all the requirements of this Act and of the rules, regulations
and by laws to entitle such occupant to permission under section 65 of the
said Code subject to the condition of the payment of altered assessment and
fine,  if  any,  for  the  use  of  his  holding  or  part  thereof  for  any  purpose
unconnected with agriculture.

Saving in
respect of
certain
provisions of
Bombay Land
Revenue
Code, 1879*.

489.

(1) No person who receives the rent of any premises in any capacity
described in paragraph (i), (ii) or (iii) of sub-clause (a) of clause (45) of section
2 shall be liable to do anything which is by this Act required to be done by the
owner, unless he have or, but for his own improper act or default, might have
had sufficient funds of or due to the owner to pay for the same.

Limitation  of
liablility  of
agent or
trustee of
owner.

(2) The burden of proving the facts entitling any person to relief under

sub-section (1) shall rest on such person.

(3) When  any  person  has  secured  relief  under  sub-section  (1)  the
Commissioner may, by written notice, require such person to apply to the
discharge of any obligation which he would, but for such relief, be bound to
discharge, the first moneys which shall come to his hand on  behalf of or for
the use of the owner, and any person who fails to comply with such notice
shall be deemed to be personally liable to discharge such obligation.

(4) Nothing in this section shall be deemed to prevent the Commissioner
from carrying out the necessary works and recovering the expenses from the
actual owner.

* See now Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966).

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CHAPTER XXXI.

REPEALS AND AMENDMENTS.

Certain Acts
to cease to
apply to City.

490. The Bombay District Municipal Act, 1901, the Bombay Municipal
Boroughs Act, 1925 and the Bombay Village Panchayats Act, 1933, shall cease
to apply, except as hereinafter provided, to any area included in the City.

Bom. II
of 1901.
Bom.
XVIII of
1925.
Bom. VI
of 1933.

Amendment
of certain
enactments.

491. The enactments specified in the second column of Appendix III

shall be amended to the extent specified in the third column thereof.

Repeal.

492. The  Poona  City  and  Poona  Suburban  Municipal  Boroughs

(Appointment of Municipal Commissioner) Act, 1948, is hereby repealed.

Bom.
LXXX of
1948.

Transitory
provisions.

493. The provisions of Appendix IV shall apply to the constitution of

the Corporation and other matters specified therein.

APPENDIX I

(See Section 282.)

PROVISIONS OF THE *LAND ACQUISITION ACT, 1894, REGULATING
THE ACQUISITION OF LAND FOR IMPROVEMENT PURPOSES.

Part I—Preliminary, except clauses (e) and (f) of section 3.

Part II—Acquisition, except sub-section (1) of section 4, section 6 and sub-

section (2) of section 17.

Part  III—Reference  to  Court  and  Procedure  thereon,  except

sub-section (2) of section 23 and clauses (6) and (7) of section 24.

Part IV—Apportionment of compensation.

Part V—Payment.

Part VI—Temporary occupation of land.

Part VII—Miscellaneous.

APPENDIX II

(See Section 392.)

TABLE OF PENALTIES.

Part I.

Sections, Sub-sections and Clauses.

Fine which may be imposed.

309 (2), 311(e), 311(f), 311(g)

. . . . Ten rupees.

197(2), 295, 334(2), 373(1), 374, 375, 376(6)

. . . . Twenty rupees.

172,196(2) proviso, 208, 227(3),
228, 233(1), 236(2), 238(2), 240, 246, 297,
330(1), 333, 377(1), 381, 384, 385, 386(5).

. . . . Fifty rupees.

* This Act has been repealed by the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013 (30 of 2013), s. 114.

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281

60,108(2), 145(2), 163,164,165,
168(1)(b), 169(b),174,184,186,187(1),
187(2), 199, 200,212(2), 223,227(3),
229(1), 230(1), 232, 239(1), 241(1),
243(1), 244(1), 244(3), 248(1), 251,
265(4), 266,298(5), 308,318,319,326,
335(1), 366,367,368,369,379,380,382.

161,178(1), 179,195(1), 198,226(1),
226(2), 226(4), 242,247(1), 265(2),
265(3), 267(1), 268(4), 299(1),307(1),
307(2), 378(1), 383,417(3).

160(2), 171(1), 221(1), 257,261(1),263,
264 (1), 264(2), 298(2), 301(1), 304(3),
322,325(1),376(1).
210(4), 262,269(7), 313, 314,331(2).

. . . . One hundred rupees.

. . . . Two hundred rupees.

. . . . Five hundred rupees.

. . . . One thousand rupees.

Part II.

Sections, Sub-sections and Clauses.

Daily  fine  which  may

be imposed.

227(3), 228,297,308,375,376(6), 379,381.

. . . . Five rupees.

161,163,164,165,168(1) (b), 169(b),
172, 174,184,186,187(1), 187(2),
195(1), 200, 223,226(2),226(4), 229(1),
230(1), 232, 241 (1), 244(1), 244(3),
247(1), 248(1), 265(4), 298(5), 330(1),
382,384,385,386(5).

60,198,243(1), 246,265(2), 265(3),
267(1), 268(4), 307(1), 307(2), 383.

. . . . Ten rupees.

. . . . Twenty rupees.

160(2), 171(1), 212(2), 239(1), 240, 266,
298(2), 299(1), 301(1), 376(1), 378(1), 417(3)

. . . . Fifty rupees.

210(4), 257, 263, 264(1), 264(2), 269(7)

. . . . One hundred rupees.

313, 314.

. . . . Five hundred rupees.

APPENDIX III.

(See Section 491).

ENACTMENTS AMENDED.

Number
and Year.

Short Title.

Amendments.

Bom. I
of 1915

The Bombay Town
Planning Act, 1915.

In sub-section (1) of section 4, sub-
section (2) of section 10, sub-section (1)
of section 26, sub-section (3) of
section 44 and sub-section (3) of
section 45, for the words “ the City of
Bombay” the words “any area for
which a municipal corporation is
constituted under any enactment”
shall be substituted.

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    [1949 : LIX

APPENDIX III.-contd.

Short Title.

Amendments.

Number
and Year.

Bom. V
of 1925

The Bombay
Prevention of
Adulteration Act,
1925.

Bom.

The Lord Reay

XXXII of Maharashtra

1947.

Industrial Museum
Act, 1947.

1. In clause (c) of section 2, for the
words “ the City of Bombay ” the
words “ any area for which a
municipal corporation is constituted
under any enactment ” shall be
substituted.

2. In sub-section (1) of section19, for
the words “ the City of Bombay
after consultation with the
Corporation of the City of Bombay ”
the words “ any area for which a
municipal corporation is constitued
under any enactment after
consultation with such
corporation ” shall be substituted.

1. In sub-section (2) of section 6—
(1) for paragraph B the following
revised paragraph shall be
substituted, namely:—
“B. The following four ex-officio
representatives of the Municipal
Corporation of the City of Poona:—
(i) the Mayor, who shall be the
Chairman,
(ii) the Chairman, Standing
Committee,
(iii) the Chairman, Municipal
School Board,
(iv) the Municipal Commissioner
for the City of Poona”;

(2) in paragraph C for the words

“Poona City Borough Municipality”
the words “ Municipal Corporation
of the City of Poona” shall be
substituted.

2. In section 17 for the words “Bombay
Municipal Boroughs Act, 1925, the
Poona City Borough Municipality”
the words “Bombay Provincial
MunicipalCorporations Act, 1949,

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283

APPENDIX III.-contd.

Short Title.

Amendments.

Number
and Year.

the Muncipal Corporation of the City
of Poona” shall be substituted.

3. In  1[clause (b)] of sub-section (2) of

section 21, for the words “Poona City
Borough Muncipality” the words
“Municipal Corporation of the City
of Poona” shall be substituted.

In section 10A the following shall be
added, namely :—
“(4) If the general tax levied under

section 129 of the Bombay
Provincial Municipal Corporations
Act, 1949, in respect of any
premises in any city exceeds the
amount paid by any landlord to any
local authority on account of a rate
or tax on building, houses or lands
in respect of such premises for the
assessment period which included
the 31st March 1949, there shall be
deemed to be an increase in such
rate or tax for the purpose of this
section.”.

In sub-section (1) of section 16, in clause (iv)
of paragraph (A) in Class II—
(1)  for  sub-clause  (a)  the  following

shall be substituted, namely:—

“(a)  two  members  by  the  Municipal
Corporation of the City of Poona”;
(2)

sub-clause (b) shall be deleted.

In section 25—
(1) in sub-section (1) for the words and
figures “ Chapter XII-A of the City
of Bombay Municipal Act, 1888”,
the words “any enactment for the

The Bombay Rents,
Bom.
LVII of Hotel and Lodging
1947.

House Rates
Control Act, 1947.

2[Bom. XX The Poona

of 1948] University Act,
1948.

Bom.

The Bombay

LXIX of Housing Board Act,

1948.

1948.

1 These word, brackets and letter were substituted for the word, brackets and letter “ clause

(d) ” by Bom. 9 of 1951, s. 3, Second Schedule.

2 These words and figures were substituted for the words and figures “ Bom. IX of 1984 ” by

Bom. 9 of 1951, s.3, Second Schedule.

H 610—39

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

APPENDIX III.-contd.

Short Title.

Amendments.

Number
and Year.

time being in force for the
constitution of a municipal
corporation for any area in the
1[State]  2[of Maharashtra]” shall be
substituted,

(2) in sub-section (2) for the words and

figures “the City of Bombay
Municipal Act, 1888” the words “any
such  enactment as aforesaid” shall
be substituted.

In clause (15) of section 2, for the words
and figures “ municipality constituted
under the City of Bombay Municipal
Act,    1888”  the  words  “a  municipal
corporation  constituted  under  any
enactment for the time being in force
or a municipality constituted under”
shall be substituted.

Bom.
LXXIX
of 1948.

The Bombay Shops
and Establishments
Act, 1948.

APPENDIX IV.

TRANSITORY PROVISIONS.

(See Section 493.)

Part I : General.

Continuation
of references
in other
enactments.

3[l. References  in  any  enactment,  other  than  the  Maharashtra
Municipalities Act, 1965, the Maharashtra Zilla Parishads and Panchayat
Samitis Act, 1961, the *Bombay Village Panchayats Act, 1958 or the **Bombay
Local Fund Audit Act, 1930, in force on the date immediatly preceding the
appointed day in a City or in any rule, order or notification made or issued
thereunder and in force on such date in the said City, to any municipalities
or other local authorities by whatever name called, shall, unless a different
intention appears, be construed as references to the City or to the Corporation
of  the  said  City,  as  the  case  may  be,  and  such  enactment,  rule,  order  or
notification shall apply to the said City or Corporation.]

Mah. XL
of 1965.

Mah. V
of 1962.
Bom. III
of 1959.
Bom.
XXV of
1930.

Transfer of
rights.

2. All rights of the municipality or any other local authority for the area
which has been constituted to be a City shall on the appointed day vest in the
Corporation constituted for the said area.

1 This word was substituted for the word “Province” by the Adaptation of Laws Order, 1950.
2 These words were substituted for the original by the Adaptation of Laws (State and Concurrent

Subject) Order, 1960.

3 This paragraph was substituted for the original by Mah. 29. of 1982, s. 8(i).
* The short title of the Act was amended as “the Maharashtra Village Panchayats Act” by Mah.

24 of 2012, S.2 and 3, Schedule, entry 74, with effect from the 1st May 1960.

** These words were substituted for the words “ Bombay Local Fund Audit Act, 1930” by Mah.

8 of 2011, s. 4.

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285

3. All  sums  due  to  the  said  municipality  or  local  authority  for  the
area which has been constituted a City, whether on account of any tax or
any other account, shall be recoverable by the Commissioner for the said
City  and  for  the  purpose  of  such  recovery  he  shall  be  competent  to  take
any  measure  or  institute  any  proceeding  which  it  would  have  been  open
to  the  authority  of  the  said  municipality  or  local  authority  to  take  or
institute,  if  this  Act  had  not  come  into  operation  and  the  said  area  had
not been constituted to be a City.

Sums due.

4.

(1) All debts and obligations incurred and all contracts made by or
on behalf of the said municipality or local authority immediately before the
appointed day and subsisting on the said day shall be deemed to have been
incurred and made by the Commissioner for the said City in exercise of the
powers  conferred  on  him  by  this  Act  and  shall  continue  in  operation
accordingly.

Debts,
obligations,
contracts and
pending
proceedings.

(2) All  proceedings  pending  before  any  authority  of  the  said
municipality or local authority on the said day which under the provisions
of  this  Act  are  required  to  be  instituted  before  or  undertaken  by  the
Commissioner shall be transferred to and continued by him and all other
such proceedings shall, so far as may be, be transferred to and continued by
such authority before or by whom they have to be instituted or undertaken
under the provisions of this Act.

(3) All appeals pending before any authority of the said municipality or
local authority on the said date shall, so far as may be practicable, be disposed
of as if the area was constituted to be a City when they were filed.

(4) All prosecutions instituted by or on behalf of the said municipality
or local authority and all suits and other legal proceedings instituted by or
against  the  said  municipality,  local  authority  or  any  officer  of  the  said
municipality or local authority pending on the said date shall be continued
by or against the Commissioner or the Corporation for the said City, as the
case may be, as if the area was constituted to be a City when such prosecution,
suit or proceeding was instituted.

5. Save as expressly provided by the provisions of this Appendix or by
a notification issued under paragraph 22 or order made under paragraph 23,—

(a) any appointment, notification, notice, tax, order, scheme, licence,
permission, rule, bye-law, or form made, issued, imposed or granted
under  1[the Maharashtra Municipalities Act, 1965] or any other law in
force in any local area constituted to be a City immediately before the
appointed day shall, in so far as it is not inconsistent with the provisions
of this Act, continue in force until it is superseded by any appointment,
notification, notice, tax, order, scheme, licence, permission, rule, by-law
or form made, issued, imposed or granted under this Act or any other
law as aforesaid, as the case may be ;

Mah. XL
of 1965.

Mah. XL
of 1965.

(b) all budget estimates, assessments, valuations, measurements,
and divisions made under  1[the Maharashtra Municipalities Act, 1965],
or any other law in force in any area constituted to be a City immediately

1 These words and figures were substituted for the words and figures “ the Bombay District
Municipal Act, 1901, or the Bombay Municipal Boroughs Act, 1925 ” by Mah. 29 of 1982, s.
8(ii).

H 610—39a

Continuation of
appointments,
taxes, budget
estimates,
assessments,
etc.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

before the appointed day shall in so far as they are consistent with the
provisions of this Act, be deemed to have been made under this Act;

(c) all officers and servants in the employ of the said municipality
or local authority immediately before the appointed day shall be officers
and servants employed by the Corporation under this Act and shall, until
other provision is made in accordance with the provisions of this Act,
receive salaries and allowances and be subject to the conditions of service
to which they were entitled or subject on such date :

Provided that service rendered by such officers and servants before
the appointed day shall be deemed to be service rendered in the service
of the Corporation :

Provided  further  that  it  shall  be  competent  to  the  Corporation  to
discontinue the services of any officer or servant who, in its opinion, is not
necessary or suitable to the requirements of the municipal service, after giving
such officer or servant such notice as is required to be given by the terms of
his  employment  and  every  officer  or  servant  whose  services  are  so
discontinued, shall be entitled to such leave, pension or gratuity as he would
have been entitled to take or receive on being invalided out of service if this
Act had not been passed.

1[5A. Notwithstanding anything contained in this Act, where the State
Government has constituted any local area to be a City under section 3, which
was  previously  comprised,  wholly  or  partly,  in  the  area  of  two  or  more
Municipal Councils constituted under the Maharashtra Municipalities Act,
1965 or in the area of one or more of such Municipal Councils and one or more
Zilla  Parishads  constituted  under  the  Maharashtra  Zilla  Parishads  and
Panchayat Samitis Act, 1961, the State Government may, notwithstanding
anything contained in any other law for the time being in force, but save as
otherwise provided in section 129A or any other provisions of this Act, by
notification in the Official Gazette, direct that all or any of the appointments,
notifications, notices, taxes, orders, schemes, licences, permissions, rules,
by-laws or forms made, issued, imposed or granted in any area of a specified
municipal council included in the City, under the Maharashtra Municipalities
Act, 1965, or any other law and in force in that area immediately before the
appointed day, shall, in so far as they are not inconsistent with the provisions
of this Act, continue to be in force throughout the area of the City, until they
are  superseded  or  modified  under  this  Act  or  under  any  other  law  as
aforesaid, as the case may be.]

Mah. XL
of 1965.

Mah. V
of 1962.

Mah. XL
of 1965.

Extension of
appointments,
taxes, etc., in
force in one
Municipal
area to other
areas
included in a
City.

Provision for
Municipality
or local
authority
which is
superseded or
dissolved.

6. Any reference in the above paragraphs to a municipality or a local
authority  shall,  in  case  such  municipality  or  local  authority  has  been
superseded or dissolved, be deemed to be a reference to the person or persons
appointed  to  exercise  the  powers  or  to  perform  the  functions  of  such
municipality or local authority under any law relating to such municipality
or local authority.

1 This paragraph was inserted by Mah. 29 of 1982, s. 8 (iii)

287

Special
conditions for
erection and
re-erection of
buildings, etc.
in certain
areas.

Provision
regarding the
Commissioner.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

1[6A.

(1) Notwithstanding anything contained in this Act, until by-laws
are made under section 458 or until the expiration of one year from the date
on which any local area is constituted or included in a City under section 3,
whichever is earlier, the Corporation may prescribe special conditions with
respect  to  erection  or  re-erection  of  buildings,  the  maximum  heights  of
buildings, roofs and external walls of buildings, set-backs of buildings and
other matter relating to buildings in the area constituted or included in a City
or any part thereof.

(2)  No  person  shall  erect  or  re-erect  any  building  or  commence  the

execution of any work in contravention of any such conditions.

2 *

*

*

*

Part III: Special Provisions relating to the City of Poona.

14.

(1) On and from the appointed day in the case of the City of Poona
the  Municipal  Commissioner  for  the  Poona  City  and  Poona  Suburban
Municipal Boroughs appointed under section 3 of the Poona City and Poona
Suburban Municipal Boroughs (Appointment of Municipal Commissioner) Act,
1948, and holding office on the date immediately preceding the appointed day
shall be deemed to be the Commissioner appointed under section 36 and shall,
subject to the provisions of sub-section (3) of the said section, hold office for
the period for which he would have held the office of Municipal Commissioner
for the Poona City  and Poona Suburban Municipal Boroughs if this Act had
not come into operation in the City of Poona.

(2)  The  Commissioner  shall  recieve  the  same  scales  of  salary  and
allowances as he was receiving as Municipal Commissioner for the Poona City
and Poona Suburban Municipal Boroughs on the date immediately preceding
the appointed day.

Bom.
LXXX of
1948.

15. Notwithstanding anything contained in this Act, the Commissioner
shall exercise the powers and perform the duties of the Corporation and the
Standing Committee under this Act and under any other law for the time being
in force until general ward elections shall have been held in accordance with
the provisions of this Act and the first meeting of the Corporation shall have
been held.

16.

(1) The  3[State] Government may, by notification in the  Official
Gazette, appoint such number of persons, not exceeding twelve, as it deems
fit to advise the Commissioner so long and in so far as he exercises the powers
and performs the duties of the Corporation and the Standing Committee.

The Commi-
ssioner
to exercise
powers
and perform
duties of
Corporation
and Standing
Committee.

3[State]
Government
may appoint
advisory
board.

(2) The Commissioner shall from time to time in such manner as he
considers suitable, including the convening of meetings of the persons so
appointed, ascertain the views of the persons so appointed on all matters
which,  under  the  provisions  of  this  Act,  require  to  be  done,  sanctioned,
approved or confirmed by the Corporation or the Standing Committee.

1 This paragraph was inserted by Bom. 42 of 1950, s. 2.
2 Part II Special Provisions relating to the City of Ahmedabad and paragraphs 7 to 13 thereunder
were deleted by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order,
1960.

3 This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(3) If the  1[State] Government so directs, the Commissioner shall refer
for the decision of the  1[State] Government any such matter in which he
proposes to act otherwise than in accordance with the views of the majority
of the persons so appointed, and shall thereafter act in accordance with such
decision.

Commissioner
to take steps
to hold
elections, etc.

17.

(1) The  Commissioner  shall  forthwith  proceed  to  prepare  the
municipal election roll and hold general ward elections in accordance, as far
as may be, with the provisions of this Act.

(2) For the purposes of the first elections held under this Act, any person
who, if this Act had not come into operation, would have been disqualified
for being elected a councillor of the Poona City Borough Muncipality or the
Poona Suburban Borough Muncipality shall be deemed to be disqualified for
being elected and for being a councillor under this Act.

(3) Every person who owns immovable property in the City which on the
date immediately preceding the appointed day was assessed to a house tax
or any tax in the form of a rate on lands and buildings levied by any local
authority having jurisdiction in any portion of the City shall be deemed to
have the requisite taxation qualification under sub-section (3) of section 8 for
the purpose of enrolment in the first municipal election roll.

Savings in
respect of
*Bombay
Local Fund
Audit Act,
1930.

18. The provisions of the *Bombay Local Fund Audit Act, 1930, shall
continue to apply in respect of the audit of the accounts of the Poona City
Borough Municipality and the Poona Suburban Borough Municipality for the
period upto the date immediately preceding the appointed day and of all other
matters connected with, or arising out of, such audit as if this Act had not
come into operation:

Bom.
XXV of
1930.

Saving in
respect of
members of
Court of Poona
University
representing
Poona City
and Poona
Suburban
Borough
Muncipalities.

Temporary
provision
regarding
representatives
of Corporation
on Board of
Trustees of
Lord Reay
Maharashtra
Industrial
Museum.

Provided that all references in the *Bombay Local Fund Audit Act, 1930,
to the President of the local authority or to the local authority shall be deemed
to be references to the Commissioner.

Bom.
XXV of
1930.

19. The members of the Court of the Poona University elected by the
Poona  City  Borough  Municipality  and  the  Poona  Suburban  Borough
Municipality under section 16 of the Poona University Act, 1948, shall be
deemed to have been elected by the Corporation and shall continue to hold
office for the term for which they were originally elected.

Bom. XX
of 1948.

20. Notwithstanding the provisions of sub-section (2) of section 6 of the
Lord Reay Maharashtra Industrial Museum Act, 1947, the representatives
of the Corporation on the Board of Trustees of the Lord Reay Maharashtra
Industrial Museum shall, until the Mayor and the Chairman of the Standing
Committee have been elected and have taken office, consist of the Chairman
of the Poona Municipal School Board and the Commissioner.

Bom.
XXXII of
1947.

1 This word was substituted for the word “ Provincial” by the Adaptation of Laws Order, 1950.
* The Short title of this Act has been amended as “Maharashtra Local Fund Audit Act” by Mah.

8 of 2011, s. 4.

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289

21. The  Poona  City  Municipal  School  Board  in  office  on  the  date
immediately preceding the appointed day shall be deemed to be the Municipal
School Board for the City and shall continue in office until a new school
board  is  constituted  by  the  nomination  and  election  of  members  under
sub-sections  (2)  and  (5)  of  section  4  of  the  *Bombay  Primary  Education
Act, 1947, as soon as may be after the first general ward elections of councillors
have been held and the councillors have taken office.

Bom.
LXI
of
1947.

Poona City
Municipal
School Board
to be deemed
to be the
Municipal
School Board
for the City.

1[21A. Notwithstanding anything contained in this Act, in the areas
specified in List I hereto appended, a general tax shall be levied on the classes
of  buildings  and  lands  specified  in  column  1  of  List  II  hereto  appended,
during the periods specified in the headings to columns 2 to 5 at the rates
specified in the said columns against each class; and such rates shall not
during such periods be liable to increase under section 150. Where no such
rate has been specified in the said columns, the general tax shall be levied at
the rate and in the manner provided under this Act :

Temporary
provision
regarding levy
of general tax
in certian
areas
included in
the City of
Poona.

Provided that all lands and buildings, situated in the areas specified in
the said List I, the annual rateable value of which does not exceed rupees
fifty shall be exempted from the levy of the general tax during the period from
the 1st April 1954 to the 31st March 1956 (both inclusive).

LIST I.

The areas of the following revenue villages included
within the limits of the City of Poona.

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

Bopodi.

Dhanori.

Lohgaon.

Vadgaon Sheri.

Ghorpadi.

Mundhwa.

Hadapsar.

Kondhwe Khurd.

Dhankavdi.

Hingane Budruk.

Kothrud.

Pashan.

Aundh.

14. Wanowaire.

15.

Bibewadi in Kasbe, Poona, Revenue Survey Nos. 559 to 595 ; 598
to 695 ; 732 and 440.

1 Paragraph 21A was inserted by Bom. 57 of 1953, s.3.
* This Act has been replaced by Mah. 25 of 2014, s. 3 (1).

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LIST II.

Period from the 1st
April 1954 to 31st
March 1956
(both inclusive).

(2)

Nil

Classes of land and
buildings.

(1)

1. The annual  rateable value
of which does not exceed
Rs. 50.

2. The annual  rateable value 6 per cent. of the

of which exceeds Rs. 50
but does not exceed Rs. 500.

rateable value.

3. The annual  rateable value 8 per cent. of the

of which exceeds Rs. 500
but does not exceed
Rs. 1,000.

rateable value.

4. The annual  rateable value 10 per cent. of the
of which exceeds Rs. 1,000 rateable value.
but does not exceed
Rs. 2,000.

5. The annual  rateable value 12 per cent. of the
of which exceeds Rs. 2,000 rateable value.
but does not exceed
Rs. 5,000.

6. The annual  rateable value 14 per cent. of the
of which exceeds Rs. 5,000. rateable value or

the rate determined
by the Corporation
under section 99,
whichever is less.

Period from Period from Period from
the 1st April
the 1st April
the 1st April
1960 to
1956 to
1958 to
31st March
31st March
31st March
1962 (both
1960 (both
1958 (both
inclusive).
inclusive).
inclusive).
(5)
(4)
(3)

6 per cent.
of the
rateable
value.

8 per cent.
of the
rateable
value.

8 per cent.
of the
rateable
value.

10 per cent.
of the
rateable
value.

10 per cent. …
of the
rateable
value.

10 per cent. …
of the
rateable
value.

…

…

…

…

…

…

…

…

…

…]

Part  IV 

:  1*

*

*

*

Part  V : Power  to  remove  difficulties.

Power to
remove
difficulties.

23.

If any difficulty arises in giving effect to the provisions of this Act or,
by  reason  of  anything  contained  in  this  Act,  to  any  other  enactment  for  the
time  being  in  force,  the  2[State]  Government  may,  as  occasion  requires,  by
order do anything which appears to it necessary for the purpose of removing
the  difficulty :

Provided that no order shall be made under this paragraph after the expiry

of  one  year  from  the  appointed  day.

1 Part IV relating to the “ Special provisions relating to other cities ” was deleted by  Mah. 4 of

1995, s.3.

2 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

1949 : LIX]

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291

SCHEDULE  ‘A’
(Deleted by Mah. 42 of 2017, s.44)

SCHEDULE  ‘B’
(Deleted by Mah. 42 of 2017, s.44)

SCHEDULE  ‘C’
(Deleted by Mah. 42 of 2017, s.44)

H 610—40

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Maharashtra  Municipal  Corporations  Act

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1[SCHEDULE ‘D’]*

(See section 453)

CHAPTER I.

ELECTION RULES.

Municipal Election Roll.

Election Roll
to be kept for
public
inspection.

2[1. Printed copies of the municipal election roll shall be kept for public
inspection  in  the  chief  municipal  office  and  such  other  places  as  the
Commissioner may think fit.]

Dates of
nominations.

Notice to be
given of day
fixed for
nomination of
candidates for
ward
elections.

Provisions
regarding
nomination of
candidates.

Elections of Councillors.

7.

(1)  The  nomination  of  candidates  for  general  ward  elections  of
councillors shall be fixed by the Commissioner to take place on such days in
the three months immediately preceding the date on which the term of office
of the councillors elected at the last preceeding general elections is due to
expire under section 6 as he shall think fit.

(2) The nomination of candidates for elections to fill casual vacancies shall
be fixed by the Commissioner to take place on such days as he shall think fit
as soon as conveniently may be after the occurrence of the vacancies.

8. Fifteen  days  at  least  before  the  day  fixed  for  the  nomination  of
candidates  for  a  ward  election  notice  thereof  shall  be  given  by  the
Commissioner. Such notice shall be given by advertisement in the Official
Gazette and in the local newspapers and by posting playcards in conspicuous
places in the ward for which such election is to take place.

9.

(1) Candidates for election at a ward election must be duly nominated

in writing in accordance with the provisions hereinafter contained.

(2) With  respect  to  such  nominations,  subject  to  sub-rule  (3),  the

following provisions shall have effect, namely :—

(a) nomination papers shall be in Form A;

(b) the Commissioner shall provide printed forms of nomination
papers, and any person entitled to vote at the election shall be supplied,
at any time within seven days previous to the day fixed for the nomination
of candidates and upto four o’clock in the afternoon on such day, with as
many such forms as may be required, free of charge;

(c)  each  nomination  paper  must  state  the  name,  abode  and
description of the candidate in full, and be subscribed by two persons
entitle to vote at the election as proposer and seconder and must bear
the signature of the person nominated in token of his willingness to be
so nominated;

(d) every nomination paper subscribed and signed as aforesaid must
be  delivered  at  the  Commissioner’s  office  before  five  o’clock  in  the
afternoon of day fixed for the nomination of candidates ;

1 This heading was substituted for the heading “ The Schedule ” by Mah. 3 of 1996, s. 8(a).
2 Rule 1 was substituted for rules 1 to 6 by Mah. 34 of 1965, s. 10 (a).
* Amendments  in  this  Schedule  have  been  incorporated  as  per  the  Act  enacted  by  the

Maharashtra State Legislature.

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293

(e) each candidate must be nominated by a separate nomination

paper ;

1

*

*

*

*

*

(f) The Commissioner shall on receiving a nomination paper enter
in  the  nomination  paper  its  serial  number  and  shall  sign  thereon  a
certificate stating the date on which and the hour at which the nomination
paper has been delivered to him ;

(g) if any person subscribes more nomination papers than 2[one, the
nomination papers received after the receipt of the first shall be deemed
to be invalid];

(h) if any person nominated,—

3[(i) is not qualified to be elected as a councillor under sub-

section (1) of section 9],

(ii) has not made or caused to be made the deposit referred to

in sub-rule (1) of rule 10, or

(iii) is disqualified under any provision of this Act for being a
councillor, the Commissioner shall declare such person’s nomination
invalid;

(i)  if  there  is  no  valid  nomination,  it  shall  be  deemed  that  no
councillor has been elected and proceedings for filling the vacancy or
vacancies shall be taken under section 18 ;

(j) if  the  number  of  valid  nominations  is  less  than  that  of  the
vacancies, the persons nominated shall be deemed to be elected and for
the remaining vacancy or vacancies, it shall be deemed that no councillor
has been elected, and proceedings for filling such vacancy or vacancies
shall be taken under section 18 ;

(k) if the number of valid nominations is the same as that of the

vacancies, the persons nominated shall be deemed to be elected ;

(l) if the number of valid nominations exceeds that of the vacancies,
the  election  of  councillors  shall  be  made  from  among  the  persons
nominated, and such election shall be termed “a contested election”:

Provided that if any candidate validly nominated dies or signifies
in writing to the Commissioner not later than seven days after the day
appointed for the nomination of candidates his intention not to contest
the election, then, if the remaining number of valid nominations is less
than or the same as that of the vacancies, the remaining candidates
validly nominated shall be deemed to be elected :

Provided  further  that  a  candidate  who  has  withdrawn  his
candidature  shall  not  be  allowed  to  cancel  the  withdrawal  or  to  be
renominated as a candidate for the same election ;

(m) if, when two or more ward elections are held simultaneously
for different wards, any person is deemed, under clause (i) or clause (j),

1 The portion begining with words “ but any person ” and ending with words “ but no more ” was

deleted by Mah. 26 of 1967, s. 3(a)(i).

2 This portion was substituted by Mah. 26 of 1967, s. 3 (a)(ii).
3 This sub-clause was substituted for the original by Mah. 12 of 1990, s. 8.

H 610—40a

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

to  be  elected  a  councillor  for  more  than  one  ward,  he  shall,  within
twenty-four  hours  after  receipt  of  written  notice  thereof  from  the
Commissioner, choose, by writing signed by him and delivered to the
Commissioner, or, in his default, the Commissioner shall, when the time
for choice has expired, declare for which one of these wards he shall serve;
the choice or declaration so made shall be conclusive, and such person’s
nomination for the ward or wards for which he is not to serve shall be
deemed to be null and void;

(n) if, when ward elections are held as aforesaid, any person who is
deemed, under clause (i) or clause (j), to be elected a councillor for any
one or more wards, has also been duly nominated for any one or more
wards for which the number of nominations exceeds that of the vacancies,
he shall within twenty-four hours after receipt of written notice thereof
from the Commissioner choose, by writing signed by him and delivered
to the Commissioner, whether he shall serve for the ward, or for any one
of the wards for which he is elected, or will stand as a candidate at the
contested election or elections for the other ward or wards. In his default,
the Commissioner shall, when the time for choice has expired, declare
that he shall serve for the ward or for some one of the wards for which
he is elected, and his nomination for any other ward shall be deemed to
be null and void. If such person chooses, by writing as aforesaid, to stand
as a candidate at the contested election or elections, his nomination for
the ward or wards for which he is elected shall be deemed to be null and
void.  Any  choice  or  declaration  made  under  this  clause  shall  be
conclusive.

(3) No councillor shall be deemed under sub-rule (2) to have been elected
for a seat reserved for 1[members of the Scheduled Castes] in any ward unless
he is a  1[members of the Scheduled Castes] and in respect of any such seat
the following further provisions shall apply, namely :—

(a) if  for  any  vacancy  of  a  seat  reserved  for  1[members  of  the
Scheduled Castes] there is no validly nominated candidate eligible to fill
such seat, it shall be deemed that no councillor has been elected, and
proceedings for filling the vacancy shall be taken under section 18;

(b) if  for  any  such  vacancies  the  number  of  validly  nominated
candidates so eligible is less than that of the vacancies, such candidates
shall be deemed to be elected, and for the remaining vacancy or vacancies
it shall be deemed that no councillor has been elected and proceedings
for filling such vacancy or vacancies shall be taken under section 18 ;

(c) if  for  any  such  vacancies  the  number  of  validly  nominated
candidates so eligible is equal to that of the vacancies, such candidates
shall be deemed to be elected;

(d) if any candidate validly nominated as eligible dies or signifies
in writing to the Commissioner not later than seven days after the date
appointed for the nomination of candidates his intention not to contest
the  election,  then,  if  the  remaining  number  of  validly  nominated
candidates so eligible is less than or the same as that of the vacancies,
the remaining validly nominated candidates so eligible shall be deemed
to be elected.

1 These words were substituted for the word “ Harijans ” by Bom. 53 of 1959, s.2, Sch.

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10 (1) On or before the date appointed for the nomination of candidates
for a ward election, each candidate shall deposit or cause to be deposited with
the Commissioner the sum of one hundred rupees in cash or in Government
securities of equal value at the market rate of the day, and no candidate shall
be deemed to be duly nominated unless such deposit has been made.

Deposit by
candidates.

(2) The deposit shall be returned if,—

(a) the candidate is declared or is deemed to be duly elected,

(b) the  candidate  signifies  his  intention  in  writing  to  the
Commissioner not later than seven days after the day appointed for the
nomination of candidates not to contest the election,

(c) the nomination of the candidate is declared invalid,

(d) the candidate dies, after the scrutiny of nomination paper and

before the commencement of the poll, or

(e) the candidate fails to be elected but secures valid votes in excess

of the number specified in sub-rule (4).

(3) The deposit shall be returned to the person by whom it was made. If
a candidate dies before the day fixed for the poll, the deposit, if made by him,
shall be returned to his legal representative or, if not made by the candidate,
shall be returned to the person by whom it was made.

(4) If a candidate is not elected and if the number of valid votes polled
by him does not exceed one-eighth of the total number of valid votes polled
divided by the number of councillors to be elected in the ward for which the
candidates is nominated, the deposit shall be forfeited to the Corporation.

(5) The deposit shall, if it is not forfeited, be returned as soon as may be

after the declaration of the result of the election under rule 39 :

Provided that if a candidate is duly nominated at a general election in
more than one ward, not more than one of the deposits made by him or on his
behalf  shall  be  returned  and  the  remainder  shall  be  forfeited  to  the
Corporation.

11.

(1) When a ward election is contested, a poll shall be taken on such
date, not less than twenty-one days after the day appointed for the nomination
of  candidates  as  the  Commissioner  may  fix.  At  such  poll,  the  municipal
election  or  roll  which  was  in  operation  on  the  day  appointed  for  the
nomination of candidates shall be deemed to be the roll to which reference
must be made for the purpose of the election.

(2) At least three days before the day of the poll, the Commissioner shall
cause the names of all persons validly nominated, with their respective abodes
and descriptions, to be published in the Official  Gazette and in the local
newspapers.

12. With  respect  to  the  contested  ward  elections  the  following

provisions shall have effect, namely:—

(a) votes shall be given by ballot and in person; no votes shall be

received by proxy;

(b) no votes shall be received for any candidate whose name has not
been published by the Commissioner under sub-rule (2) of rule 11 as
having been validly nominated ;

Poll to be
taken when a
ward election
is contested
and names of
validly
nominated
candidates  to
be published.

Provisions
respecting
contested
ward
elections.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(c) no votes shall be received from any person whose name is not
enrolled in the ward roll as a voter of the ward for which the election is
being held;
1

*
2[(e) every elector shall be entitled to give only one vote, and he may

*

*

*

*

give that vote only to any one of the candidates ;]

3

*

*

*

*

*

(g) where  an  equality  of  votes  is  found  to  exist  between  any
candidates  and  the  addition  of  a  vote  would  entitle  any  of  these
candidates to be delcared elected, the determination of the person or
persons to whom such additional vote shall be deemed to have been given
shall be made by lot to be drawn in the presence of the Commissioner in
such manner as he shall determine ;

(h) if a candidate is elected councillor for more than one ward, he
shall, within three days after receipt of written notice thereof from the
Commissioner, choose, by writing signed by him and deliverd to the
Commissioner, or in his default the Commssioner shall, when the time
for choice has expired, declare for which of the wards he shall serve and
the choice or declaration shall be conclusive;

(i) when any such choice or declaration has been made, the votes
recorded for the candidate aforesaid in any ward for which he is not to
serve shall be deemed not to have been given and the candidate, if any,
who but for the said votes would have been declared to have been elected
for such ward shall be deemed to have been elected for the same ;

(j) the Commissioner shall, as soon as may be, declare the result of
the  poll,  specifying  the  total  number  of  vaild  votes  given  for  each
candidate and shall cause lists to be prepared for each ward, specifying
the names of all candidates, and the number of valid votes given to each
candidate; in accordance with such rules as the Commissioner may frame
for the purpose and on payment of such fee as may be prescribed by him
a copy of such list shall be supplied to any candidate of the ward and shall
be available for inspection to any voter of the ward.

Voting in Ward Elections.

Hours of
commencement
and close of
poll.

13. The  Commissioner  shall  fix  the  hour  at  which  polling  shall
commence and the hour at which it shall close on the date fixed under rule
11 for taking a poll.

Polling
stations  and
presiding
officers.

14.

(1) The Commissioner shall select for each ward as many polling
stations as he thinks necessary and shall publish, in such manner as he deems
sufficient, a list showing the polling stations so selected and the polling areas
for which they have respectively been selected.

(2) The Commissioner shall appoint a presiding officer for each polling
station and such other persons, hereinafter referred to as polling officers, to
assist the presiding officer as he thinks necessary.

1 Clause (d) was deleted by Mah. 34 of 1965, s. 10(b).
2 Clause (e) was substituted by Mah 26 of 1967, s. 3(b)(i).
3 Clause (f) was deleted by Mah. 26 of 1967, s. 3(b)(ii).

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297

(3) Each polling officer may, if so directed by the presiding officer, perform

all or any of the duties assigned to a presiding officer under these rules.

(4) If the presiding officer, owing to illness or other unavoidable cause,
is obliged to absent himself from a polling station, his duties shall be performed
by one of the polling officers, who shall be duly authorised in this behalf by
the Commissioner.

15.

(1) The presiding officer shall keep order at the polling station, shall
see that the election is fairly conducted, shall regulate the number  of electors
to be admitted at one time, and shall exclude all other persons except,—

Duties of
presiding
officer.

(a)  the  polling  officers,  the  candidates  and  one  agent  of  each
candidate (hereinafter referred to as the polling agent) appointed in
writing  by  the  candidate  and  authorised  in  this  behalf  by  the
Commissioner,

(b) the polling officers or other public servants on duty, and

(c) such other persons as the presiding officer may from time to time

admit for the purpose of identifying electors.
1[(2) The presiding officer shall close the polling station at the hours fixed
in that behalf under rule 13, and shall not thereafter admit any elector into
the polling station :

Provided that, all electors present at the polling station before it is closed

shall be allowed to cast their votes.

(3) If any question arises whether an elector was present at the polling
station before it was closed, it shall be decided by the presiding officer, and
his decision shall be final.]

16.

If any person misconducts himself at a polling station or fails to obey
the lawful orders of the presiding officer or the polling officer performing the
duties of the presiding officer he may immediately, by order of the presiding
officer or such polling officer, be removed from the polling station by any police
officer or by any other person authorised in writing by the presiding officer
or such polling officer to remove him; and the person so removed shall not,
unless with the permission of the presiding officer or such polling officer, be
allowed again to enter the polling station during the day:

Provided that this power shall not be exercised so as to prevent any
elector who is otherwise entitled to vote at any polling station from having
an opportunity of voting at such polling station.

2 * *

*

*

*

*

*

*

Removal from
polling
station for
misconduct.

18. Each  polling  station  shall  be  furnished  with  such  number  of
compartments,  in  which  electors  can  record  their  votes  screened  from
observation, as the Commissioner thinks necessary.

Voting
compartment.

19. The Commissioner shall provide at each polling station materials
sufficient for the purpose of enabling electors to mark the ballot papers, as
many ballot boxes as may be necessary, and copies of the election roll or of
such part thereof as contains the names of the electors entitled to vote at such
polling station.

Supply of
election
materials  and
ballot boxes.

1 Sub-rules (2) and (3) were substituted for original sub-rule (2) by Mah. 24 of 1979, s.2(2)(a).
2 Rule 17 was deleted by Mah. 24 of 1979, s. 2(2)(b).

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Sealing of
ballot boxes.

Procedure
before ballot
paper is
delivered to
elector.

Voting.

Assistance  to
electors.

Identity of
electors.

Form of ballot
paper.

20. Every ballot box shall be so constructed that the ballot papers can
be introduced therein, but cannot be withdrawn therefrom, without the box
being unlocked. The presiding officer at any polling station, immediately
before the commencement of the poll, shall show the ballot box empty to such
persons as may be present in such polling station, so that they may see that
it is empty, and shall then lock it up and place his seal upon it in such manner
as to prevent its being opened without breaking such seal, and shall place it
in his view for the receipt of ballot papers and keep it so locked and sealed.

21.

Immediately before a ballot paper is delivered to an elector, the
number, name and description of the elector, as stated in the election roll,
shall be called out and the number of the elector shall be entered on the
counterfoil, and a mark shall be placed in a copy of the election roll against
the number of the elector, to denote that he has received a ballot paper, but
without showing the particular ballot paper which he has received. On the
counterfoil shall be entered the name of the ward and the name or distinctive
number of the polling station and the signature or thumb impression of the
elector.

22. The elector shall, on receiving the ballot paper, forthwith proceed
to one of the compartments in the polling station, and  1[there make a mark
on the ballot paper with the instrument supplied for the purpose either at
the place provided for putting a cross or on or near the name and symbol of
the candidate for whom he intends to vote,] and fold it up so as to conceal his
vote, and shall put his ballot paper, so folded up, into the ballot box. Every
elector shall vote without undue delay and shall quit the polling station as
soon as he has put his ballot paper into the ballot box.

23. The presiding officer shall give such assistance as may be required
to any elector who is by reason of infirmity or illiteracy unable to vote in the
manner prescribed.

24. At any time before a ballot paper is delivered to an elector, the
presiding officer or polling officer may, of his own accord, if he has reason to
doubt the identity of the elector or his right to vote at such polling station,
and shall, if so required by a candidate or polling agent, put to the elector the
following questions :—

(1) Are you the person enrolled as follows (reading the whole entry

from the roll) ? and

(2) Have you already voted at the present election in this ward ?

and at a general election—

(3) Have  you  already  voted  at  this  election  in  any  other  ward  ?
and the elector shall not be supplied with a ballot paper if he refuses to
answer any one of the questions and unless he answers the first question
in the affirmative, the second question in the negative, and, at a general
election, the third question also in the negative.

25.

(1) The ballot paper shall be in Form B.

(2) The ballot papers shall be serially numbered, the serial number being

printed on the counter foil and on the back of the ballot paper.

1 These words were substituted for the words “ there mark his paper ” by Mah. 24 of 1979,

s. 2(2)(c).

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299

Tendered
votes.

Challenged
votes.

Spoilt  ballot
papers.

Voting by
officers on
duty at
polling
stations.

26.

If the person representing himself to be a particular elector named
on the election roll applies for a ballot paper after another person has voted
as such elector, the applicant shall, after duly answering such questions as
the presiding officer may ask, be entitled to mark a ballot paper in the same
manner as any other elector. Such balllot paper (hereinafter referred to as a
tendered ballot paper) shall, instead of being placed in the ballot box, be given
to the presiding officer and endorsed by him with the name of the elector and
his number on the election roll and the name of the ward to which the election
roll relates, and shall be set aside in a separate packet and shall not be counted
by the Commissioner. The name of the elector and his number on the election
roll and the name or distinctive number of the polling station to which the
election roll relates shall be entered in a list in Form C which shall bear the
heading “Tendered Votes List”. The person tendering such ballot paper shall
sign his name and address thereon or, if he is unable to write, affix his thumb
impression against the entry in that list.

27.

If  any  polling  agent  declares  and  undertakes  to  prove  that  any
person by applying for a ballot paper has committed the offence of personation,
the presiding officer may required such person to enter in the list of challenged
votes (which shall be in Form D) his name and address or, if he is unable to
write, to affix his thumb impression thereto and may further require such
person  to  produce  evidence  of  identification.  If  such  person,  on  being
questioned in the manner provided in rule 24 answers the first question in
the affirmative and the other questions in the negative, he shall be allowed
to  vote  after  he  has  been  informed  of  the  penalty  for  personation.  The
presiding officer shall make a note of the circumstances and of his decision
on the list of challenged votes :

Provided that a deposit of Rs. 20 may be demanded for each such challenge
which shall be forfeited if, on inquiry, the challenge is found to be frivolous
and not made in good faith.

29.

28. An elector who has inadvertently dealt with his ballot paper in such
a manner that it cannot conveniently be use as a ballot paper may, on delivering
it  to  the  presiding  officer  and  satisfying  him  of  the  inadvertence,  obtain
another ballot paper in place of the spoilt ballot paper, and the latter shall,
together with its counterfoil, be marked as cancelled by the presiding officer.
(1) A presiding officer, polling officer or polling agent  1[for other
public servant, who is on any duty connected with the election at or near a
polling station] at which he is not entitled to vote, shall, if he is certified by
the  Commissioner  to  be  entitled  to  vote  at  the  election  for  the  ward  in
connection with which he is employed or for any other ward, be allowed to
record his vote at that polling station. The name of the polling station at which
he  would  otherwise  have  been  entitled  to  vote  shall  be  entered  in  the
counterfoil of the ballot paper together with his number in the election roll
for that ward in which that polling station is situate. A certificate issued under
this rule shall be in Form E.

(2) Such ballot paper shall be placed in an envelope and sealed by the
presiding officer and returned with the certificate referred to in sub-rule (1)
to the Commissioner who shall cause such ballot paper to be included among
the valid ballot papers of the appropriate ward.

1 These words were substituted for words “who is on duty at a polling station” by Mah. 24 of

1979, s. 2(1)(d).

H 610—41

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Despatch of
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    [1949 : LIX

30. The presiding officer of each polling station, as soon as practicable
after the close of the poll, shall, in the presence of any candidates or polling
agents who may be present, make up into separate parcels and seal with his
own seal and the seal of such candidates or agents as may desire to affix their
seal:—

(1) each ballot box in use at each polling station unopened but with the

key attached ;

(2) the unused ballot papers ;

(3) the tendered ballot papers ;

(4) the spoilt ballot papers ;

(5) the marked copy of the election roll;

(6) the counterfoils of the ballot papers ;

(7) the tendered votes list; and

(8) the list of challenged votes ;

Statement  to
be sent to
commissioner
with ballot
papers.

Postponement
of poll;
adjournment
of poll.

and shall after endorsing on each packet a description of its contents

deliver such packets to the Commissioner.

31. The packets shall be accompanied by a statement in Form F made
by the presiding officer, showing the number of ballot papers entrusted to
him, and accounting for them under the heads of ballot papers in the ballot
box, unused, spoilt and tendered ballot papers, and ballot papers dealt with
under rule 29.

32. Notwithstanding anything contained in this Act, the Commissioner
may, for sufficient cause to be recorded in writing, postpone the date or extend
the period fixed for polling. In emergencies such as disturbance of the public
peace,  the  presiding  officer  may,  with  the  previous  approval  of  the
Commissioner, close the poll and announce an adjournment of the poll to a
subsequent day.

The subsequent date to which polling is postponed or adjourned shall be

notified in such manner as the Commissioner thinks fit.

Appointment
of date, time
and place for
counting of
votes.

Who may be
present at the
counting of
votes.

Procedure to
be followed at
the counting
of votes.

Scrutiny and Counting of Votes and Declaration of Results.

33. The Commissioner shall, as soon as may be practicable after the close
of the poll, give notice in writing to all candidates of the date, time and place
fixed by him for the counting of votes.

34.

(1) No person shall be allowed to be present at the counting of votes
except the Commissioner and such persons as he may appoint to assist him
in  counting  the  votes,  the  candidates,  and  one  representative  of  each
candidate authorised in writing by the candidate in this behalf.

(2) No person shall be appointed to assist in counting the votes who has
been employed by or on behalf of any candidate for any purpose whatsoever
connected with the election.

35. On  the  day  and  at  the  time  appointed  under  rule  33  the

Commissioner shall proceed as follows :—

(a) the ballot box or boxes relating to each polling station or the envelopes
containing the ballot papers, as the case may be, shall be opened one after

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301

another and the Commissioner shall take out the ballot papers therefrom,
count them or cause them to be counted, and record the number thereof in
a  statement;  such  statement  shall  not  be  shown  to  any  candidate  or
representative of a candidate;

(b) the Commissioner shall then mix together all the ballot papers so
taken  out  and  distribute  them  in  convenient  bundles  to  the  persons
appointed to assist in counting the votes ;

(c) when the ballot papers have been so distributed, but not before,
the Commissioner shall allow the candidates and their representatives
reasonable opportunity to inspect, without handling, the ballot papers, and
shall on every ballot paper which is wholly or partially rejected, endorse
the word “rejected”; if any candidate or representative present questions
the correctness of the rejection, he shall also record on the ballot paper,
the  grounds  for  the  rejection.  No  candidate  or  representative  shall  be
allowed to see the serial number on the back of any ballot paper ;

(d) the Commissioner shall, as far as practicable, proceed continuously
with the counting of the votes, and shall, during any necessary intervals
during which the counting has to be suspended, place the ballot papers,
packets, and other documents relating to the election under his own seal and
the seals of such candidates or representatives as may desire to affix them,
and shall cause adequate precautions to be taken for their safe custody;

(e) when  the  counting  of  the  votes  has  been  completed,  the
Commissioner shall, subject to the provisions of rule 12, forthwith declare
the result of the election.

36.

(1) A ballot paper shall be rejected if,—

(a) the number of votes recorded thereon exceeds the number of

Grounds of
rejection of
ballot paper.

seats to be filled;

(b) no vote is recorded thereon ;

(c) more than one vote has been recorded against the name of any

one candidate;

(d) it is void for uncertainty ;

(e) it bears any mark by which the elector can be identified.

(2) The decision of the Commissioner as to the validity of a ballot paper
shall be final, subject only to reversal on a election petition claiming the seat.

37. The Commissioner shall not open the sealed packets of the tendered
votes, the marked copy of the election roll or the counterfoils of the ballot
papers. He shall verify the statement submitted by the presiding officer under
rule 31 by comparing it with the number of counted ballot papers and rejected
ballot papers, the spoilt ballot papers and the ballot papers dealt with under
rule 29, the unused ballot papers in his possession and the tendered votes
list, shall then reclose and reseal each packet which has been opened by him,
and shall record on each packet a description of its contents and the date of
the election to which it refers.

Verification.

H 610—41a

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Return.

38. The Commissioner shall then prepare and certify a return setting

forth :—

(1) the result of the verification referred to in rule 37 ,

(2) the names of the candidates for whom valid votes have been

given,

(3) the number of valid votes given for each candidate ,

(4) the name of the candidate elected ,

(5) the number of votes declared invalid, and

(6) the  number  of  tendered  votes  given,  and  shall  permit  any
candidate or his representative duly authorised under rule 34 to take a
copy or an extract from such return.

Declaration of
results of
elections.

39.

(1) The result of every election shall be declared by fixing, as soon
as may be after the election, in some conspicuous place in the chief municipal
office, a notice certifying the names of the persons, if any, elected and, in the
case of a contested election, the number of votes recorded for each candidate
under the signature of the Commissioner.

(2) The names of the persons elected to be councillors shall be published,

as soon as may be, in the Official Gazette.

Disposal of Ballot Papers.

Custody of
election
papers.

40. The Commissioner shall, after declaring the result, retain in his
custody the packets and return referred to in rules 37 and 38 and all other
documents relating to the election.

Production
and
inspection of
election
papers.

41. While  in the  custody of the Commissioner the packets of ballot
papers, whether counted, rejected or tendered, of the counterfoils thereof,
and of the marked copy of the election roll, shall not be opened and their
contents shall not be inspected or produced except under the order of the
Judge, but all other documents relating to the election shall be open to public
inspection, subject to such conditions and to the payment of such fee as the
Corporation  may  prescribe;  and  any  person,  on  compliance  with  such
conditions and on payment of such fee, shall be entitled to obtain a copy or
copies thereof or of any part thereof.

Destruction of
election
papers.

42. The packets referred to in rule 41 and all other documents relating
to the election shall be retained for a period of one year, and shall thereafter
be destroyed, subject to any directions to the contrary given by the Judge.

General Provisions.

Power of
Commissioner
or presiding
officer to
overlook
printing or
clerical errors
in election
roll.

43.

If  a  question  arises  for  the  decision  of  the  Commissioner  or  a
presiding officer under these rules whether an entry in the election roll relates
to a particular person, the Commissioner or presiding officer, as the case may
be, may, for reasons to be recorded in writing, decide that the entry does or
does not relate to the said person, notwithstanding any clerical or printing
errors therein.

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44. Notwithstanding anything contained in section 69, it shall not be
lawful for the Commissioner to authorise any municipal officer or servant to
exercise  any  of  the  powers  or  perform  any  of  the  functions  conferred  or
imposed upon or vested in him by rules 1 * * 7, 8, 9,11, 12 and 39.

Certain
powers, etc.,
not to be
delegated by
Commissioner.

45.

If any difficulty arises as to the holding of any election under this
Act, the Commissioner may do anything not inconsistent with the Act or rules
which appears to him to be necessary for the proper holding of the election.

Powers of
Commissioner
in case of
difficulty.

46. Subject to the provisions of section 16  2* ***** all decisions given
by the Commissioner under the powers conferred on him by the rules in this
Chapter shall, be final.

Decisions
given by
Commissioner
final.

Provisions
regulating
Corporation’s
proceedings.

CHAPTER II.

PROCEEDINGS OF THE CORPORATION, STANDING COMMITTEE,
TRANSPORT COMMITTEE, ETC.

Proceedings of the Corporation.

1.

(a) There shall be in each month at least one ordinary meeting of the
Corporation which shall be held not later than the twentieth day of the month;

(b) the first meeting of the Corporation after general elections shall be
held as early as conveniently may be on a day and at a time and place to be
fixed by the Commissioner, and if not held on that day shall be held on some
subsequent date to be fixed by the Commissioner;

(c) the day, time and place of meeting shall in every other case be fixed
by the Mayor or in the event of the office of Mayor being vacant, or of the death
or resignation of the Mayor or of his ceasing to be a councillor, or of his being
incapable of acting, by the Deputy Mayor, or failing both the Mayor and the
Deputy Mayor, by the Chairman of the Standing Committee ;

(d) the Mayor or, in such event as aforesaid, the Deputy Mayor may,
whenever he thinks fit, and shall upon a written requisition signed by not
less than one fourth of the whole number of councillors or by not less than
four members of the Standing Committee, call a special meeting and every
meeting of the Corporation shall, except for special reasons to be mentioned
in the notice convening the meeting, be held in the chief municipal office;

(e) every meeting shall be open to the public, unless a majority of the
councillors present thereat decide by a resolution which shall be put by the
presiding authority, of his own motion or at the request of any councillor
present, without previous discussion, that any inquiry or deliberation pending
before the Corporation is such as should be held in private, and provided that
the presiding authority may at any time cause any person to be removed who
interrupts the proceedings ;

1 The figures and brackets “ 3, 4(1), 5 ” were deleted by Mah. 34 of 1965, s. 10(c).
2 The words and figures “ and rule 2 ” were deleted, by Mah. 34 of 1965, s. 10(d).

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    [1949 : LIX

(f) if at any time during a meeting it shall be brought to the notice of the
presiding authority that the number of councillors present, inclusive of the
presiding authority, falls short of one-third of the whole number of councillors,
the presidng authority shall adjourn the meeting to some other day, fixing
such time and place for the same as he shall think convenient, and the business
which remains undisposed of at such meeting shall be disposed of at the
adjourned meeting, or if the latter meeting should be again adjourned, at any
subsequent adjourned meeting, whether there be a quorum present thereat
or not ;

(g) every meeting shall be presided over by the Mayor, if he is present
at the time appointed for holding the same, and, if the office of Mayor is vacant
or if the Mayor is absent, by the Deputy Mayor or, in the absence of the Deputy
Mayor, by such one of the councillors present as may be chosen by the meeting
to be chairman for the occasion ;

(h) at least seven clear days’ notice shall ordinarily be given of every
meeting, other than an adjourned meeting, but in cases of urgency any such
meeting  may  be  called,  except  for  the  purpose  of  considering  an  annual
budget estimate, in pursuance of a written requisition signed by not less
than four members of the Standing Committee, upon a notice of not less
than  three  clear  days;  of  adjourned  meetings  such  previous  notice  shall
be  given  as  shall  be  practicable  having  regard  to  the  period  of  the
adjournment ;

(i) every notice of a meeting shall specify the time and place at which
such meeting is to be held and the business to be transacted thereat other
than questions under section 44 and shall be given by the Municipal Secretary
by  advertisement  in  at  least  one  local  newspaper  having  a  substantial
circulation and, as far as practicable, a copy of such notice shall be sent by
ordinary post to the last known address of every councillor ;

(j) any  councillor  who  desires  at  any  meeting  to  bring  forward  any
business,  other  than  any  questions  under  section  44,  or  to  make  any
substantive proposition which is not already specified in the notice of such
meeting, shall give written notice of the same to the Municipal Secretary at
least  three  clear  days  before  the  day  fixed  for  the  meeting;  and  a
supplementary announcement of the business or propositions, of which notice
has been so given, shall be given by the said secretary in a local newspaper
not later than the day previous to the meeting ;

(k) except  at  a  meeting  called  on  a  requisition  of  urgency  or  at  the
discussion at any meeting of a budget estimate, no business shall be transacted
at any meeting other than the business specified in the notice published under
clause (i) and any questions asked under section 44 or urgent business not
specified  in  the  said  notice  which  the  Standing  Committee,  Transport
Committee  or  the  Commissioner  deem  it  expedient  to  bring  before  the
meeting and no substantive proposition shall be made or discussed which is

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not specified in the said notice or in the supplementary announcement, if any,
published under clause (j) or which is not in support of the recommendation
of the Standing Committee, Transport Committee or Commisisoner with
reference  to  any  urgent  business  brought  by  any  of  those  authorities
respectively before the meeting :

Provided that no such urgent business as aforesaid shall be brought before
any meeting, unless at least three-fourths of the councillors present at such
meeting,  such  three-fourths  being  not  less  than  one-fourth  of  the  whole
number of councillors, assent to its being brought forward thereat ;

(l)  at  a  meeting  called  on  a  requisition  of  urgency  and  during  the
discussion  at  any  meeting  of  a  budget  estimate,  no  business  shall  be
transacted and no substantive proposition shall be made or discussed which
does not directly relate to the business for which the urgent meeting was
called, or to the budget estimate, as the case may be; and no proposition
involving any change in the taxes which the Standing Committee proposes
to impose or the fares or charges which the Transport Committee proposes
to levy or an increase or decrease of any item of expenditure in a budget
estimate, shall be made or discussed at any meeting at which such budget
estimate is under consideration, unless such proposition is specified in the
notice of the meeting published under clause (i) or in the supplementary
announcement, if any, published under clause (j) or unless, in the case of an
adjourned meeting, each of the conditions mentioned in the proviso to clause
(m) has been fulfilled ;

(m) any meeting may, with the consent of a majority of the councillors
present, be adjourned from time to time to a later hour on the same day or to
any other day, but no business shall be transacted and, except as is hereinafter
provided, no proposition shall be discussed at any adjourned meeting other
than the business or propositions remaining undisposed of at the meeting from
which the adjournment took place :

Provided that at any adjourned meeting at which a budget estimate is
under consideration a proposition involving any change such as is described
in clause (l) may be made and discussed notwithstanding that such proposition
is  not  one  remaining  undisposed  of  at  the  meeting  from  which  the
adjournment took place if each of the following conditions has been fulfilled,
namely :—

(i) that written notice of such proposition has been given at the

meeting from which the adjournment look place ;

(ii)  that  the  adjournment  has  been  for  not  less  than  two  clear

days ; and

(iii) that a special announcement of the proposition has been given
by  the  Municipal  Secretary  (who  shall  be  bound  to  give  such
announcement) in a local daily newspaper not later than the day previous
to the adjourned meeting ;

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(n) a minute of the names of the councillors present and of the proceedings
at every meeting shall, on the day following the meeting, or as soon thereafter
as may be, be drawn up and kept by the Municipal Secretary in a book to be
provided for this purpose and shall be signed at, and by the presiding authority
of, the next ensuing meeting; and the said minute-book shall at all reasonable
times be open at the chief municipal office to inspection by any councillor free
of charge and by any other person on payment of a fee of eight annas ;

(o)  every  question  other  than  the  question  whether  the  Standing
Committee, Transport Committee or Commissioner shall be permitted to
bring urgent business before a meeting without notice, shall be decided by a
majority of votes of the councillors present and voting on that question, unless
otherwise provided in or under this Act, the presiding authority having a
second or casting vote when there is an equality of votes ;

(p) a declaration by the presiding authority that a proposition has been
carried and an entry to that effect in the minute-book shall, unless a poll be
demanded at the time of such declaration by not less than four councillors,
be conclusive evidence of the fact, without proof of the number of votes given
for or against the proposition ;

(q) when a poll is taken, the vote of each councillor present and voting
upon the proposition shall be taken by tellers appointed by the presiding
authority and the names of the councillors voting respectively for or against
the proposition shall be recorded in the minute-book ;

(r) no  resolution  passed  by  the  Corporation  shall  be  modified  or
cancelled within three months after the passing thereof, except by a resolution
supported by not less than one-half of the whole number of councillors or by
such larger number of councillors as may be required by this Act in any
particular case and passed at a meeting whereof notice shall have been given
fulfilling the requirements of clause (h) and setting forth fully the resolution
which it is proposed to modify or cancel at such meeting and the motion or
proposition for the modification or cancellation of such resolution.

1[(s)  where,  any  proposal  of  the  Commissioner  requires  sanction  or
approval of the Corporation, the Corporation shall consider and dispose of
any such proposal within ninety days reckoned from the date of the meeting
of the Corporation held immediately after the proposal is received by the
Municipal Secretary, whether the item pertaining to such proposal is taken
on the agenda of such meeting or not, failing which the sanction or approval
to such proposal shall be deemed to have been given by the Corporation, and
a report to that effect shall be made by the Commissioner to the Government
and he shall take further action as per the directives of the Government :

Provided that, any such deemed sanction or approval shall be restricted
to the extent the proposal conforms to the provisions of this Act or any other
law for the time being in force.

1. Clause (s) was added by Mah. 32 of 2011, s. 30(a).

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Power to order
withdrawl of
councillor.

Provisions
regulating the
proceedings of
the Standing
Committee.

2. (1) The presiding authority shall preserve order and may direct any
councillor whose conduct is in his opinion grossly disorderly to withdraw
immediately from the meeting of the Corporation and such councillor shall
do so forthwith and shall absent himself during the remainder of the day’s
meeting.

(2) If any councillor is ordered to withdraw a second time within fifteen
days, the presiding authority may suspend such councillor from  attending
the meetings of the Corporation for such period not exceeding fifteen days
as the presiding authority may fix and the councillor so directed shall absent
himself accordingly:

Provided that the presiding authority may remit the period of suspension
on apology being made to his satisfaction by the councillor under suspension:

Provided also that such suspension from the service of the Corporation
shall not prevent any councillor from participating in the proceedings of any
committee of which he is a member.

(3) The presiding authority may, in the case of grave disorder arising in

a meeting, suspend the meeting for a period not exceeding three days.

Proceedings of the Standing Committee.

3.

(a) There shall be a meeting of the Standing Committee once a week,

and at such other times as shall be found necessary ;

(b) the first meeting of each Standing Committee shall be held on a day
and at a time to be fixed by the Commissioner, and if not held on that day
shall be held on some subsequent day to be fixed by the Commissioner; and
every subsequent meeting of the Standing Committee shall be held on such
day and at such time as the said Committee from time to time determines ;

(c) the  Chairman  of  the  Standing  Committee  shall,  upon  a  written
requisition signed by the Commissioner, call a special meeting of the said
Committee  within  twenty-four  hours  for  the  transaction  of  any  business
which, in the opinion of the Commissioner, cannot be delayed until the next
ordinary meeting of the said Committee ;

(d) no  business  shall  be  transacted  at  a  meeting  of  the  Standing
Committee unless at least five members are present from the beginning to
the end of such meeting ;

(e) every meeting of the Standing Committee shall be presided over by
the Chairman, if the Chairman is present at the time appointed for holding
the meeeting, and, if the Chairman is absent by such one of the members
present as may be chosen by the meeting to be chairman for the occasion;

(f) every question shall, except as otherwise provided in this Act, be
decided by a majority of votes of the members of the Standing Committee
present and voting on that question, the presiding authority having a second
or casting vote when there is an equality of votes ;

(g) a sub-committee may elect a chairman of its meetings, and if no such
chairman is elected or if he is not present at the time appointed for holding
any meeting, the members of the sub-committee present shall choose one of
its member to be Chairman of such meeting ;

(h) sub-committees may meet and adjourn as they think proper, but the
Chairman of the Standing Committee may, whenever he thinks fit, and shall,
upon the written request of not less than two members of a sub-committee,
call a special meeting of such sub-committee ;

H 610—42

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(i) questions at any meeting of a sub-committee shall be decided by a
majority of votes of the members present, and in case of an equality of votes,
the Chairman of the meeting shall have a second or casting vote, but no
business shall be transacted at any such meeting unless at least two-thirds
of the members of the sub-committee are present from the beginning to the
end thereof ;

(j) a minute shall be kept by the Municipal Secretary of the names of the
members present and of the proceedings at each meeting of the Standing
Committee and at each sub-committee’s meetings in a book to be provided
for this purpose, which shall be signed at, and by the presiding authority of,
the next ensuing meeting ;

1[(k)  where,  any  proposal  of  the  Commissioner  requires  sanction  or
approval of any committee constituted under the provisions of this Act, the
committee shall consider and dispose of any such proposal within forty-five
days reckoned from the date of the meeting of the committee held immediately
after the proposal is received by the Municipal Secretary, whether the item
pertaining to such proposal is taken on the agenda of such meeting or not,
failing which the sanction or approval to such proposal shall be deemed to
have been given by such committee and the report to that effect shall be made
by the Commissioner to the Corporation :

Provided that, any such deemed sanction or approval shall be restricted
to the extent the proposal conforms to the provisions of this Act or any other
law for the time being in force.]

Proceedings of the Transport Committee.

Meetings of
Transport
Committee.

4.

(a) The Transport Committee shall meet for the despatch of business
in the chief municipal office or at such other place as the Corporation may
direct ;

(b) there shall be a meeting of the Transport Committee once a fortnight

and at such other times as shall be found necessary ;

(c) the first meeting of the Transport Committee shall be held on a day
and at a time to be fixed by the Mayor and, if not held on that day, shall be
held on some subsequent day to be fixed by the Mayor; and every subsequent
meeting of the Committee shall be held on such day and at such time as the
Committee may from time to time determine ;

(d) the Chairman of the Transport Committee may, whenever he thinks
fit, and shall, upon a written requisition signed by the Commissioner or the
Transport Manager, or by not less than three members of the Committee,
within forty-eight hours of the receipt by him of the requisition, call a special
meeting of the Committee for the transaction of any business ;

(e) no  business  shall  be  transacted  at  a  meeting  of  the  Transport
Committee unless at least four members are present from the beginning to
the end of meeting ;

(f) every meeting of the Transport Committee shall be presided over by
the Chairman, if the Chairman is present at the time for holding the meeting,
and, if the Chairman is absent, by such one of the members as may be chosen
by the meeting to be chairman for the occasion ;

1. Clause (k) was added by Mah. 32 of 2011, s. 30(b).

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(g) every question shall, subject to the provisions of this Act, be decided
by a majority of votes of the members of the Transport Committee present
and voting on that question, the presiding authority having a second or casting
vote when there is an equality of votes ;

(h) the Transport Committee shall cause to be kept a minute of the names
of  the  members  present  and  of  the  proceedings  at  each  meeting  of  the
Committee in a book to be provided for this purpose, which shall be signed
at,  and  by  the  presiding  authority  of,  the  next  ensuing  meeting  after
confirmation by the Committee at such meeting.

Questions.

5.

(1) Any question concerning or connected with the administration
of  this  Act  or  the  municipal  government  of  the  City  may  be  asked  by  a
councillor subject to the following conditions :—

Right to ask
questions.

(a) not less than seven clear days notice in writing specifying the

question shall be given to the Municipal Secretary ;

(b) no question shall be asked—

(i) which calls for an experession of opinion or for the solution of an

abstract legal question or of a hypothetical proposition ;

(ii) which concerns or is connected with, either directly or indirectly,
any pending suit or proceedings, in any court of law or before any tribunal
in any part of the Dominion of India ;

(iii) which relates to the character or conduct of any municipal officer

or servant except in his official or public capacity ; or

(iv) which is, or by implication may be, defamatory of or which makes
or  implies  a  charge  of  a  personal  character  against  any  person  or
community or section of any community.

(2) The Mayor shall disallow any question which is, in his opinion, in

contravention of the provisions of sub-rule (1).

(3) If  any  doubt  arises  whether  any  question  is  or  is  not  within  the
restrictions imposed by sub-rule (1) the Mayor shall decide the point and his
decision shall be final.

(4) Unless otherwise directed by the presiding authority, every question

shall be answered by the Commissioner at a meeting of the Corporation.

(5) The Commissioner shall not be bound to answer a question if, in his
opinion,  it  cannot  be  answered  without  detriment  to  the  interests  of  the
Corporation or if it asks for information which has been communicated to him
in confidence.

(6) If any question seeks information which is available in any printed
record of the Corporation, it shall be sufficient for the Commissioner in his
answer to invite attention to such record.

(7) The Transport Manager shall without unreasonable delay furnish the
Commissioner with such information relating to the Transport Undertaking
as he may require for the purpose of answering any question under this rule.

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CHAPTER III.

METHOD OF APPOINTMENT OF CERTAIN MUNICIPAL
OFFICERS AND SERVANTS AND THEIR
DUTIES AND POWERS.

I. Method of appointment.

Manner of
making
appointment.

1. Save in the case of temporary appointments made under sub-section
(7) of section 45 and in the case of acting appointments made under section
58 no person shall be appointed to any of the posts the power of appointment
to  which  vests  in  the  Corporation  unless  he  possesses  the  qualifications
prescribed in this behalf under rule 3.

2. Before  making  an  appointment  to  any  post  referred  to  in  rule  1
applications  shall  be  invited  for  such  post  by  advertisement  in  the  local
newspapers  and  the  applications  received  shall  be  scrutinised  by  the
Commissioner who shall submit to the Corporation, through a committee if
so required by the Corporation, a list arranged in order of preference of such
persons out of those who have applied as he considers qualified for the post:

Provided that, if the Corporation is of the opinion that any officer in
municipal service possessing the qualifications prescribed under rule 3 is a
fit person to be appointed to the post, it may appoint such officer to the post
without following the procedure prescribed in this rule.

3. Subject to the provisions of this Act, the Corporation shall from time
to  time  prescribe  the  qualifications  required  for  each  post,  the  power  of
appointment  to  which  vest  in  the  Corporation,  with  the  approval  of  the
1[  State]  Government,  who  may,  in  granting  such  approval,  make  such
modifications  in,  or  additions  to,  the  qualifications  prescribed  by  the
Corporation as it deems fit.

4.

In the case of appointments made by any authority other than the
Corporation  no  person  shall  be  appointed  except  in  a  temporary  or
provisional capacity for a period not exceeding six months, unless he possess
the qualifications specified in the regulations.

II. Chief Auditor.

5.

(1)  The  Municipal  Chief  Auditor  shall  audit  the  accounts  of  the
Corporation, as hereinafter provided, with the assistance of the assistant
auditors, clerks and servants immediately subordinate to him.

(2) In the discharge of his functions under this rule the Municipal Chief

Auditor shall,—

(i)  audit  the  accounts  of  expenditure  from  the  revenue  of  the
Corporation,  expenditure  on  account  of  loan  works  and  expenditure
incurred out of special funds and shall ascertain whether moneys shown

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

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therein  as  having  been  disbursed  were  legally  available  for,  and
applicable to, the service or purpose to which they have been applied or
charged, and whether the expenditure conforms to the authority which
governs it ;

(ii) audit the accounts of debt, deposit, sinking funds, advances,
suspense and remittance transactions of the Corporation and report upon
those accounts and upon the results of verification of the balances relating
thereto.

(3) The Municipal Chief Auditor shall examine and audit the statement
of accounts relating to the commercial services conducted in any department
of the Corporation, including the balance sheets, where such accounts are
maintained under the orders of the Corporation, the Standing Committee
or  the  Transport  Committee;  and  shall  certify  and  report  upon  these
accounts.

(4) The Municipal Chief Auditor shall, in consultation with the Standing
Committee, and subject to any directions given by the Corporation, determine
the form and manner in which his reports on the accounts of the Corporation
shall be prepared and shall have authority to call upon any officer of the
Corporation to provide any information necessary for the preparation of these
reports.

6.

(1)  The  Municipal  Chief  Auditor  may  make  such  queries  and
observations in relation to any of the accounts of the Corporation which he is
required  to  audit  and  call  for  such  vouchers,  statements,  returns  and
explanations in relation to such accounts as he may think fit.

(2) Every such query or observation as aforesaid shall be promptly taken
into consideration by the officer or authority to whom it may be addressed
and  returned  without  delay  with  the  necessary  vouchers,  documents  or
explanations to the Chief Auditor.

(3) The powers of the Municipal Chief Auditor with regard to disapproval
of, and the procedure with regard to settlement of objections to, expenditure
from the revenues of the Corporation shall be such as may be prescribed by
regulations.

7.

If the Municipal Chief Auditor considers it desirable that the whole
or any part of the audit applied to any accounts which he is required to audit
shall be conducted in the offices in which these accounts originate, he may
require that these accounts, together with all books and documents having
relation thereto, shall at all convenient times be made available in the said
office for inspection.

8. The Municipal Chief Auditor shall have power to require that any
books or other documents relating to the accounts he is required to audit shall
be sent for inspection by him :

Provided that, if the documents are confidential he shall be responsible

for preventing disclosure of their contents.

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9. The Municipal Chief Auditor shall have authority to frame rules, and
to give directions on all matters relating to audit, particularly in respect of
the method and the extent of audit to be applied and the raising and pursuing
of objections.

10. Sanctions to expenditure accorded by the Municipal Chief Auditor

shall be audited by an officer to be nominated by the Corporation.

CHAPTER  IV.

ESSENTIAL SERVICES.

Class I.

(a) Scavenging or cleansing streets or premises,

(b) maintaining, repairing, cleansing or flushing drains,

(c) removing or disposing of excrementitious or polluted matter from

houses, latrines, privies, urinals or cesspools,

(d) removing carcasses,

(e) preventing nuisances generally.

Class II.

(a) Fire brigade service,

(b) services  in  connection  with  the  maintenance  or  service  of  any
municipal  water  works,  drains,  pumping  stations  or  fire  hydrant,
including,—

(i)

Inspectors,

(ii) Sub-Inspectors,

(iii) Foremen,

(iv) Mechanics,

(v) Drivers,

(vi) Watchmen,

(vii) Labourers,

(viii) Workmen,

(c) Lamp-lighters.

Class III.

(a) Electric undertaking services,

(b) transport services.

CHAPTER  V.

CONTRACTS.

Mode of
executing
contracts.

1.

(1) Every contract entered into by the Commissioner on behalf of the
Corporation shall be entered into in such manner and form as would bind the
Commissioner if such contract were on his own behalf, and may in the like
manner and form be varied or discharged :

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Provided that,—

(a) any such contract which would require to be under seal if it were
entered into by the Commissioner shall be sealed with the common seal
of the Corporation ; and

(b) every contract for the execution of any work or the supply of any
materials or goods which will involve an expenditure exceeding five
hundred rupees or such higher amount as the Corporation, with the
approval of the  1[State] Government, may from time to time prescribe
shall  be  in  writing  and  shall  be  sealed  with  the  common  seal  of  the
Corporation in the manner prescribed in sub-rule (2), unless the contract
relates  to  work  which  has  already  been  performed  or  the  supply  of
materials or goods which have already been supplied to the satisfaction
of the Commissioner and the Commissioner by order in writing dispenses
with the execution of a written instrument.

(2) The  common  seal  of  the  Corporation,  which  shall  remain  in  the
custody of the Municipal Secretary, shall be affixed in the presence of  2[any
two persons from amongst any two members of the Standing Committee,
Municipal Secretary and any officer not below the rank of Deputy Municipal
Commissioner, as may be authorised by the Commissioner] to every contract
or  other  instrument  3[other  than  contract  relating  to  the  acquisition  of
immovable property or interest therein or a right thereto] required to be under
seal and such contract or instrument shall be signed by  4[the said two persons]
in token that the same was sealed in their presence. The signatures of  5[the
said two persons] shall be distinct from the signatures of any witnesses to
the execution of any such contract or instrument.

Tenders to be
invited for
certain
contracts.

2.

(1) Except  as 

is  hereinafter  otherwise  provided,  the
Commissioner or any officer authorised by him in this behalf shall, at least
seven days before entering into any contract for the execution of any work
or the supply of any materials or goods which will involve an expenditure
exceeding  6[two lakhs] rupees or such higher amount as the Corporation
may,  with  the  approval  of  the    1[State]  Government,  from  time  to  time
prescribe,  give  notice  by  advertisement  in  the  local  newpapers,  inviting
tenders  for  such  contract :

7[Provided that, the notice of any tender for contract below the amount
of  two  lakhs  rupees  shall  be  uploaded  on  the  official  website  of  the
Corporation.]

1 This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.

2 These words were substituted  for the words “ two members of the Standing Committee” by

Mah. 32 of 2011, s.31(a)(i).

3 These words were inserted by Mah. 32 of 2011, s.31(a)(ii).

4 These words were substituted  for the words “ the said two members of the Standing

Committee” by Mah. 32 of 2011, s.31(a)(iii).

5 These words were substituted  for the words “ the said members” by Mah. 32 of 2011,

s.31(a)(iv).

6 These words were substituted  for the words “ three thousand” by Mah. 32 of 2011, s. 31(b)(i).

7 This proviso was added by Mah. 32 of 2011, s. 31(b)(ii).

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Security when
to be taken for
performance
of contract.

Application of
Chapter to
contracts
relating to
Transport
Undertaking.

Contitution of
Fines Funds.

(2) The Commissioner shall not be bound to accept any tender which may

be made in pursuance of such notice, but may accept, subject to the provision

of clause (c) of section 73, any of the tenders so made which appears to him,

upon a view of all the circumstances, to be the most advantageous :

Provided that the Standing Committee may authorize the Commissioner,

for reasons which shall be recorded in its proceedings, to enter into a contract

without inviting tenders as herein provided or without accepting any tender

which he may receive after having invited them.

3. The  Commissioner  shall  require  sufficient  security  for  the  due

performance of every contract into which he enters under rule 2 and may, in

his discretion, require security for the due performance of any other contract

into which he enters under this Act.

4. The  provisions  of  this  Chapter  shall,  so  far  as  may  be,  apply  to

contracts relating to the Transport Undertaking:

Provided that the functions to be performed thereunder by the Standing

Committee or the members thereof and the Commissioner shall be performed

by  the  Transport  Committee  or  the  members  thereof  and  the  Transport

Manager, as the case may be.

CHAPTER VI.

SPECIAL FUNDS.

1. Fines collected under section 56 from municipal officers and servants

other  than  those  appointed  under  the  provisions  of  Chapter  XX  shall  be

credited to a separate fund to be called “ the Fines Fund ” the proceeds of

which shall be expended in promoting the well-being of municipal officers

and servants other than those appointed under the provisions of Chapter XX

and for the payment of compassionate allowances, in accordance with such

directions as the Standing Committee may from time to time give, to the

surviving spouse or children, and in the absence of the surviving spouse or

children, the parents, brothers and sisters, if any, of such officers and servants

who die while in municipal service.

Constitution
of Welfare
Fund.

2. Amounts transferred to the Municipal Fund under the provisions of

clause (c) of sub-section (1) of section 360 shall be credited to a special fund

to be called “ the Welfare Fund ” and shall be expended in providing such

benefits and amenities to municipal officers and servants, including those

appointed under the provisions of Chapter XX, and to such members of their

families and their dependents as the Standing Committee may from time to

time determine.

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3.

(1) With the previous approval of the Corporation, all moneys payable

from time to time to the credit of the Municipal Fund which expressly relate

to an object for which it is deemed expedient to create a special fund shall be

credited, and all expenditure which expressly relates to such object shall be

Special  funds
may  be  created
with  the
approval  of
Corporation.

debited, to a separate heading in the municipal accounts.

(2) With the like approval, a portion of the Municipal Fund may from

time to time be credited to a separate heading in the municipal accounts for

the purpose of reserving funds for meeting expenditure relating to some

specific object for which it is deemed expedient to create a special fund and,

when such a fund is created, such expenditure only which expressly relates

to such object shall be debited to such special heading.

(3) If the Corporation is at any time of the opinion that the maintenance

of a special fund created under this rule is no longer necessary, it may direct

that such fund be closed and the unexpended balance, if any, of such fund be

appropriated in such manner as it may direct.

4. Fines collected under section 56 from municipal officers and servants

appointed under Chapter XX, donations from passengers and the proceeds

of the sale of unclaimed lost property recovered from vehicles of the Transport

Undertaking shall be credited to a separate heading in the accounts of the

Transport Undertaking to be called the Transport Staff Benefit Fund and the

amounts so credited shall be expended in promoting the well-being of such

officers and servants and for the payment of compassionate allowances to the

widows of such officers and servants who die while in municipal service and

to such other relations of the officers and servants as the Transport Committee

may from time to time determine.

Institution  of
Transport  Staff
Benefit  Fund.

5.

(1) With the previous approval of the Corporation, the Transport

Committee may direct that any moneys payable from time to time to the credit

of the Transport Fund which expressly relate to an object for which it is

deemed  expedient  to  create  a  special  fund  shall  be  credited,  and  all

expenditure  which  expressly  relates  to  such  object  shall  be  debited,  to  a

separate heading in the accounts of the Transport Undertaking.

Other  special
funds.

(2) With the like approval, a portion of the Transport Fund may from

time to time be credited to a separate heading in the accounts of the Transport

Undertaking  for  the  purpose  of  reserving  funds  for  meeting  expenditure

relating to some specific object for which it is deemed expedient to create a

special fund and, when such a fund is created, such expenditure only which

expressly relates to such object shall be debited to such special heading.

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(3) If the Transport Committee is at any time of the opinion that the

maintenance of a special fund created under this rule is no longer necessary,

it may, with the sanction of the Corporation, direct that such fund be closed

and the unexpended balance, if any, of such fund be appropriated in such

manner as it may direct.

CHAPTER VII.

BUDGETS.

Classification
of budget
heads.

1. The expenditure side of a budget estimate shall be classified under

major heads, minor heads, subordinate heads and primary units,—

(a) “  Major  head  ”  means  the  principal  head  of  accounts

corresponding  to  the  different  services  under  which  expenditure  is

classified in the budget estimate, and may be divided into two or more

minor heads.

(b) “  Minor  head  ”  means  the  head  of  accounts  immediately

subordinate to a major head under which each major head is classified,

and may be further sub-divided into two or more subordinate heads.

(c) “ Subordinate head ” means the head of accounts immediately

subordinate to a minor head under which each minor head is classified

and may be further sub-divided into two or more primary units.

(d) “ Primary unit” means the ultimate group or groups into which

individual items of expenditure in the budget estimates are arranged.

Reductions or
transfers.

2.

(1) Subject to the provisions of sub-section (1)  of section 101, the

Corporation may, on the recommendation of the Standing Committee from

time to time during an official year, sanction the transfer of any amount from

one budget grant to another.

(2) The Standing Committee may at any time during an official year—

(a) reduce the amount of a budget grant;

(b) sanction the transfer of any amount within a budget grant from

one minor head to another or from a subordinate head under one minor

head to a subordinate head under another minor head ; or

(c) sanction  the  transfer  of  any  amount  exceeding  rupees  five

thousand within a minor head from one subordinate head to another or

from one primary unit to another.

(3) The Commisioner may, at any time during an official year, sanction

the transfer of any amount not exceeding rupees five thousand within a minor

head  from  one  subordinate  head  to  another  or  from  one  primary  unit  to

another, if such transfer does not involve a recurring liability :

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Provided that every transfer of an amount exceeding rupees five hundred

made under sub-rule (3) shall be reported forthwith by the Commissioner to

the Standing Committee.

(4) When making any transfer under sub-rules (1), (2) and (3), due regard

shall be had to all the requirements of this Act.

(5) If any such reduction as is referred to in clause (a) of sub-rule (2) is

of an amount exceeding five hundred rupees, the Corporation may pass with

regard thereto such order as it may think fit, and it shall be incumbent on

the Standing Committee and the Commissioner to give effect to such order.

(6) For  the  purpose  of  expenditure  from  the  Transport  Fund  the

provisions of this rule shall apply as if for the words “Standing Committee”

the words “Transport Committee” and for the word “Commissioner” the words

“Transport Manager” had been substituted.

CHAPTER VIII.

TAXATION RULES.

Notice of transfer, etc., of premises assessable to Property-taxes.

1.

(1) Whenever the title of any person primarily liable for the payment

of property-taxes on any premises to or over such premises is transferred,

the person whose title is so transferred and the person to whom the same

shall  be  transferred  shall,  within  three  months  after  execution  of  the

instrument of transfer, or after its registration, if it be registered, or after

the transfer is effected, if no instrument be executed, give notice of such

transfer, in writing to the Commissioner.

Notice to be
given to
Commissioner
of all
transfers of
title of
persons
primarily
liable  to
payment of
property tax.

(2) In the event of the death of any person primarily liable as aforesaid,

the person to whom the title of the deceased shall be transferred, as heir or

otherwise, shall give notice of such transfer to the Commissioner within one

year from the death of the deceased.

2.

(1) The notice to be given under rule 1 shall be in such form as the

Commissioner may from time to time by public notice specify and shall state

clearly and correctly all the particulars required by the said form.

Form of notice
1[and fee
payable for
transfer of
title.]

(2) On receipt of any such notice, the Commissioner may, if he thinks it

necessary, require the production of the instrument of transfer, if any, or of
a copy thereof obtained under section 57 of the 2  *   * Registration Act, 1908,
or, in case of a transfer of the title of a deceased person, of  any other document

constituting evidence of such transfer.

1 These words were added by Mah. 10 of 2010, s. 21 (1).
2 The word “Indian” was deleted by Mah. 10 of 2010, s. 21 (2).

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(3) No such notice shall be deemed to be validly given unless the property

taxes due at the date of notice in respect of the premises to which it relates

have been paid and unless such fees as may from time to time be prescribed

by the Standing Committee for acceptance of the notice has been paid.

Liability for
payment of
property-
taxes to
continue in
the absence of
any notice of
transfer.

3.

(1) If any person primarily liable for the payment of a property-tax

whose title to or over such premises is transferred fails to give notice of such

transfer to the Commissioner, he shall, in addition to any other liability which

he  incurs  through  such  neglect,  continue  liable  for  the  payment  of  all

property-taxes from time to time payable in respect of the said premises until

he gives such notice, or until the transfer shall have been recorded in the

Commissioner’s books.

(2) Nothing in this rule shall be held to diminish the liability of the

transferee  for  the  said  property-taxes,  or  to  affect  the  prior  claim  of  the

Commissioner on the premises conferred by section 141 for the recovery of

the property-taxes due thereupon.

Commissioner
may call for
information
from
Registrar.

4. (1)  On  the  written  request  of  the  Commissioner,  the  Registrar  or

Sub-Registrar  of  the  district  or  sub-district  formed  for  the  purposes  of
the 1*   * Registration Act, 1908, in which the City is situate shall furnish such
particulars regarding the registration of instruments of transfer of title to

immovable properties in the City as the Commissiner may from time to time

specify.

(2)  Such  information  shall  be  furnished  as  soon  as  may  be  after  the

registration of an instrument of transfer is effected or, if the Commissioner

so requests, in periodical returns made at such intervals as the Commissioner

may fix.

Notice to be
given to
Commissioner
of the erection
of a new
building, etc.

5. (1) When any new building is erected, or when any building is rebuilt
or enlarged or when any building which has been vacant is reoccupied  2[or
when there is change of user of part or whole of the building] the person

primarily liable for the property-taxes assessed on the building, shall within

fifteen days give notice thereof, in writing, to the Commissioner.

(2) The said period of fifteen days shall be counted from the date of the

completion or of the occupation, whichever first occurs, of the building which

has been newly erected or rebuilt, or of the enlargement, as the case may be,

and in the case of a building which has been vacant, from the date of the
reoccupation thereof  3[and in the case of change of user of part or whole of
the building, from the date of such change of user].

1 The word “Indian” was deleted by Mah. 10 of 2010, s. 22.

2 These words were inserted by Mah. 10 of 2010, s. 23 (1).

3 These words were added by Mah. 10 of 2010, s. 23 (2).

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6.

(1) When any building or any portion of a building which is liable to
the payment of a property-tax is demolished or removed, otherwise than by
order of the Commissioner, the person primarily liable for the payment of
the said tax shall given notice thereof in writing to the Commissioner.

Notice to be
given to the
Commissioner
of demolition
or removal of
a building.

(2) Until such notice is given the person aforesaid shall continue liable
to pay every such property tax as he would have been liable to pay in respect
of such building if the same, or any portion thereof, had not been demolished
or removed :

Provided that nothing in this rule shall apply in respect of a building or

portion of a building which has fallen down or been burnt down.

7.

(1) In order to fix the rateable value of any building or land assessable
to a property-tax there shall be deducted from the amount of the annual rent
for which such land or building might reasonably be expected to let from year
to year a sum equal to ten per cent. of the said annual rent, and the said
deduction shall be in lieu of all allowance for repairs or on any other account
whatever.

Rateable value
how to be
determined.

(2) All plant and machinery contained or situate in or upon any building
or land and belonging to any of the classes specified from time to time by public
notice by the Commissioner, with the approval of the Corporation, shall be
deemed to form part of such building or land for the purpose of fixing the
rateable value thereof under sub-rule (1) but, save as aforesaid, no account
shall be taken of the value of any plant or machinery contained or situated in
or upon any such building or land.

(3) A statement setting out clearly the classes of plant and machinery
specified  from  time  to  time  by  the  Commissioner  under  sub-rule  (2)  and
describing in detail what plant and machinery falls within each such class
shall be prepared by the Commissioner under the directions of the Standing
Committee and shall be open to inspection at all reasonable hours by members
of the public at the chief municipal office.

(4) Printed copies of the statement prepared under sub-rule (3) shall be
kept on sale at the chief municipal office at such price as the Commissioner
may fix.

1[7A. (1) In order to fix the capital value of any building or land assessable
to a property tax, the Commissioner shall have regard to the value of any
building or land as indicated in the Stamp Duty Ready Reckoner for the time
being in force as prepared under the Bombay Stamp (Determination of True
Market Value of Property) Rules, 1995, framed under the provisions of the
*Bombay Stamp Act, 1958  2[as a base value], or where the Stamp Duty Ready
Reckoner does not indicate value of any properties in any particular area
wherein a building or land in respect of which capital value is required to be
determined is situate, or in case such Stamp Duty Ready Reckoner does not

1 Rule 7A was inserted by Mah. 10 of 2010, s. 24.
2 These words were inserted by Mah. 27 of 2010, s. 13 (A) (1) (a).
* The  short  title  was  amended  as  “the  Maharashtra  Stamp  Act”  by  Mah.  24  of  2012,

s.2 and 3, Schedule, entry 67, with effect from the 1st May 1960.

Bom. LX
of 1958.

Capital  value
how to be
determined.

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exist, then the Commissioner may fix the capital value of any building or land,
1[taking into consideration the market value of such building or land, as a base
value. The Commissioner, while fixing the capital value as aforesaid, shall
also have regard to the following factors, namely :—]

(a) the nature and type of the land and structure of the building ;

(b) area of land or carpet area of building ;

(c) user category, that is to say, (i) residential, (ii) commercial (shops
or the like), (iii) offices, (iv) hotels (upto 4 stars), (v) hotels (more than 4
stars), (vi) banks, (vii) industries and factories, (viii) school and college
building or building used for educational purposes, (ix) malls, and (x) any
other building or land not covered by any of the above categories;

(d) age of the building ; or

(e) such other factors as may be specified by Regulations made under

sub-rule (2).

(2) The Commissioner shall, with the approval of the Standing Committee,
frame such Regulations as respects the details of categories of building or
land and the weightage by multiplication to be  2[assigned to various such
factors and categories]for the purpose of fixing the capital value under sub-
rule (1).

(3) The capital value of any building or land fixed under sub-rule (1) shall

be revised every five years :

Provided that, the Commissioner may, for reasons to be recorded in
writing, revise the capital value of any building or land any time during the
said period of five years and shall accordingly amend the assessment- book
in relation to such building or land under rule 20.

(4) The provisions of sub-rules (2), (3) and (4) of rule 7 shall mutatis

mutandis apply for fixing the capital value also.]

Commissioner
may call for
informations
or return from
owner or
occupier or
enter and
inspect
assessable
premises.

8.

(1) To enable him to determine the 3[ratable value or the capital value,
as the case may be,] of any building or land and the person primarily liable
for  the  payment  of  any  property  tax  leviable  in  respect  thereof,  the
Commissioner may require the owner or occupier of such building or land, or
of any portion thereof, to furnish him, within such reasonable period as the
Commissioner prescribes in this behalf, with information or with a written
return signed by such owner or occupier :—

(a) as to the name and place of abode of the owner or occupier, or of

both the owner and occupier of such building or land ;

(b) as to the dimensions of such building or land, or of any portion
thereof and the rent, if any, obtained for such building or land, or any
portion thereof ; and

1 These words were substituted for the words "taking into consideration the market value of
such building or land, as a base value; and also have regard to the following factors,
namely :—” by Mah. 27 of 2010, s. 13 (A) (1) (b).

2 These words were substituted for the words "assigned to various such categories", by Mah. 27

of 2010,  s. 13 (A)(2).

3 These words were substituted for the word "value" by Mah. 10 of 2010, s. 25 (1).

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(c) as to the actual cost or other specified details connected with the
determination of the 1[ratable value or the capital value, as the case may
be,] of such building or land.

2[(d) as to the details in respect of any or all the items as enumerated
in clauses (a) to (e) of sub-rule (1) of rule 7A, in relation to such building
or land or of any portion thereof.]

(2) Every owner or occupier on whom any such requisition is made shall
be bound to comply with the same and to give true information or to make a
true return to the best of his knowledge or belief.

(3) Whoever omits to comply with any such requisition or fails to give
true information or to make a true return to the best of his knowledge or belief
shall, in addition to any penalty to which he may be liable, be precluded from
objection to any assessment made by the Commissioner in respect of such
building or land of which he is the owner or occupier.

(4)  The  Commissioner  may  also,  for  the  purpose  aforesaid,  make  an

inspection of any such building or land.

Assessment-book.

9. The Commissioner shall keep a book, to be called “ the assessment-
book ” 3[in such form and manner as he may, with the approval of the Standing
Committee, decide], in which shall be entered every official year,—

Assessment
book what to
contain.

(a) a list of all buildings and lands in the City, distinguishing each
either by name or number as he shall think fit, and containing such
particulars regarding the location or nature of each as will, in his opinion,
be sufficient for identification ;

(b) the ratable value 4[or the capital value, as the case may be,] of
each  such  building  and  land  determined  in  accordance  with  the
provisions of this Act and the rules ;

(c) the name of the person primarily liable for the payment of the

property-taxes, if any, leviable on each such building or land ;

5[(d)  if  any  such  building  or  land  is  not  liable  to  be  assessed  to
the general tax or is exempted from payment of property-tax, either in
whole or in part, the reason of such non-liability or exemption, as the
case may be ; ]

(e) when the rates of the property-taxes to be levied for the year
have been duly fixed by the Corporation and the period fixed by public
notice, as hereinafter provided, or the receipt of complaints against the
amount of ratable value 6[or the capital value, as the case may be,] entered

1 These words were substituted for the word "value", by Mah. 10 of 2010, s. 25 (1).
2 Clause (d) was added by Mah. 10 of 2010, s. 25 (2).
3 These words were inserted by Mah. 10 of 2010, s. 26 (1).
4 These words were inserted by Mah. 10 of 2010, s. 26 (2).
5 Clause (d) was substituted by Mah. 10 of 2010, s. 26 (3).
6 These words were inserted by Mah. 10 of 2010, s. 26(4)

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

in any portion of the assessment-book has expired, and in the case of
any such entry which is complained against, when such complaint has
been  disposed  of  in  accordance  with  the  provisions  hereinafter
contained, the amount at which each building or land entered in such
portion of the assessment-book is assessed to each of the property-taxes,
if any, leviable thereon;

(f) if, under section 134 or 135, a charge is made for water supplied
to any building or land by measurement or the water-tax or charge for
water by measurement is compounded for, or if, under section 137, the
conservancy tax for any building or land is fixed at a special rate, the
particulars and amount of such charge, composition or rate;

(g) such other details, if any, as the Commissioner from time to time

thinks fit to direct.

The
assessment
book to be
made
separately for
each ward and
in part, if
necessary.

10.

(1) The assessment-book may, if the Commissioner thinks fit, be
made in separate books, called "ward assessment-books", one for each of the
wards  into  which  the  City  is  for  the  time  being  divided  for  the
1[administrative purposes] and each ward assessment-book may be divided
into two or more parts for such purposes and with such several designations
as the Commissioner shall determine.

(2) The ward assessment-books and their respective parts, if any, shall

collectively constitute the assessment-book.

Treatment of
property
which is let to
two or more
persons in
separate
occupancies.

11.

(1) When any building or land is let to two or more persons holding
severally, the Commissioner may, for the purpose of assessing such building
or land to the property taxes, either treat the whole thereof as one property,
or, with the written consent of the owner of such building or land, treat each
several holding therein or any two or more of such several holdings together,
or each floor or flat, as a separate property.

(2) When  the  Commissioner  has  determined  to  treat  all  the  several
holdings comprised within any one building or land under this section as one
property, he may, subject to any general conditions which may from time to
time be prescribed by the Standing Committee in this behalf, at any time not
later  than  seven  days  before  the  first  day  of  any  half-year  for  which  an
instalment of general tax will be leviable in respect of the said property,
sanction a draw-back of one-fifth part of the general tax so leviable.

(3) Every person who applies for a drawback under sub-rule (2) shall
furnish  to  the  Commissioner  full  and  correct  information  regarding  the
property in respect of which the claim for drawback is made and the several
holdings comprised therein in such form and with such particulars as may be
required by the Commissioner in accordance with the general conditions
prescribed in this behalf  by the Standing Committee.

12.

(1) When the name of the person primarily liable for the payment
property-taxes in respect of any premises cannot be ascertained, it shall be
sufficient to designate him in the assessment-book and in any notice which it
may be necessary to serve upon the said person under this Act, “the holder”
of such premises, without further description.

1 These words were substituted for the words “purpose of election” by Mah. 10 of 2010, s.27.

Procedure
where name of
person
primarily
liable for
property taxes
cannot be
ascertained.

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323

(2) If, in any such case, any person in occupation of the premises shall
refuse to give such true information as may be requisite for determining who
is primarily liable as aforesaid, such person shall himself  be liable, until such
information is obtained, for all property-taxes leviable on the premises of
which he is in occupation.

13.

(1) When the entries required by clauses (a), (b), (c) and (d) of rule
9 have been completed, as far as practicable, in any ward assessment-book,
the Commissioner shall give public notice thereof and of the place where the
ward assessment-book, or a copy of it, may be inspected.

(2) Such public notice shall be given by advertisement in the local news-
papers and also by posting placards in conspicuous places throughout the ward
1[or by any other mode including electronic media as the Commissioner may
think fit.]

Public notice
to be given
when
valuation of
property in
any ward has
been
completed.

14.

(1) Every person who reasonably claims to be the owner or occupier
of some premises entered in the assessment-book or the agent of any such
owner or occupier shall be permitted, free of charge, to inspect and to take
extracts from any portion of the said book which relates to the said premises.

Assessment-
book to be
open to
inspection.

(2) Any person not entitled under sub-rule (1) to inspect and take extracts
from any portion of the assessment-book free of charge shall be permitted to
do so on payment of such fee as shall from time to time be prescribed in this
behalf by the Commissioner, with the approval of the Standing Committee.

15.

(1)  The  Commissioner  shall,  at  the  time  and  in  the  manner
prescribed in rule 13, give public notice of a day, not being less than 2[twenty-
one days] from the publication of such notice, on or before which complaints
against the amount of any ratable value 3[or the capital value, as the case may
be,] entered in the ward assessment-book will be received in his office.

Time for filing
complaints
against
valuations to
be publicly
announced.

(2) In every case in which any premises have for the first time been
entered in assessment-book as liable to the payment of property-taxes, or in
which the ratable value  3[or the capital value, as the case may be,] of any
premises liable to such payment has been increased, the Commissioner shall,
as soon as conveniently may be after the issue of the public notice under sub-
rule (1), give a special written notice to the owner or occupier of the said
premises specifying the nature of such entry and informing him that any
complaint against the same will be received in his office at any time within
2[twenty-one days] from the service of the special notice.

16.

(1) Every complaint against the amount of any ratable value 4[or the
capital value, as the case may be,] entered in the assessment-book or against
the mention of the name of any person as primarily liable for the payment of
property taxes or against the treatment of any building or land as liable to be
assessed  to  the  general  tax  must  be  made  by  written  application  to  the
Commissioner, which shall be left at his office on or before the day or the latest
day fixed in this behalf in the public or special notice aforesaid.

(2) Every such application shall set forth briefly but fully the grounds on

which the valuation is complained against.

1 These words were added by Mah. 10 of 2010, s. 28.
2 These words were substituted for the words “fifteen days” by Mah. 10 of 2010, s. 29 (1)(a) and

29 (2)(b).

3 These words were inserted by Mah. 10 of 2010, s. 29 (1) (b) and 29 (2) (a).
4 These words were inserted by Mah. 10 of 2010, s. 30.

Time and
manner of
filing
complaints
against
valuation.

H 610—44

324

Notice to
complainants
of day fixed for
investigating
their
complaints.

Hearing of
complaint.

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

17. The  Commissioner  shall  cause  all  complaints  so  received  to  be
registered in a book to be kept for this purpose and shall give notice, in writing,
to  each  complainant,  of  the  day,  time  and  place  when  and  whereat  his
complaint will be investigated.

18.

(1) At the time and place so fixed, the Commissioner shall investigate
and dispose of the complaint in the presence of the complainant, if he shall
appear, and, if not, in his absence.

(2) For  reasonable  cause,  the  Commissioner  may  from  time  to  time

adjourn the investigation.

(3) When the complaint is disposed of, the result thereof shall be noted
in the book of complaints kept under rule 17 and any necessary amendment
shall be made in accordance with such result in the assessment-book.

Authentication
of ward
assessment-
books when
all  complaints
have been
disposed of.

19. When all such complaints, if any, have been disposed of and the
entries required by clause (e) of rule 9 have been completed in the ward
assessment-book, the said book shall be authenticated by the Commissioner,
who shall certify, under his signature, that except in the cases, if any, in which
amendments have been made as shown therein, no valid objection has been
made to the rateable values 1[or the capital values, as the case may be,] entered
in the said book.

Assessment-
book may be
amended by
the
Commissioner
during the
official year.

(2) Thereupon  the  said  ward  assessment-book  subject  to  such
alteration as may thereafter be made therein under the provisions of rule
20 shall be accepted as conclusive evidence of the amount of each property-
tax leviable on each building and land in the ward in the official year to
which  the  book  relates.

20.

(1) Subject to the provisions of sub-rule (2) the Commissioner may
upon  the  representation  of  any  person  concerned  or  upon  any  other
information at any time during the official year to which the assessment-book
relates amend the same,—

(a) by inserting therein the name of any person whose name ought

to be so inserted or any premises previously omitted ;

(b) by  striking  out  the  name  of  any  person  not  liable  to  the

property  tax;

(c) by increasing or reducing the amount of any rateable value 2[or
the  capital  value,  as  the  case  may  be,]  and  of  the  assessment  based
thereupon;

(d) by altering the assessment on any land or building which has been

erroneously valued or assessed through fraud, accident or mistake;

(e) by inserting or altering an entry in respect of any building erected,
re-erected, altered, added to or reconstructed in whole or in part after
the preparation of the assessment-book ;

(f) by making or cancelling any entry exempting any premises from

liability to any property tax.

(2) Where any amendment is made under sub-rule (1) which has the effect
of imposing on any person any liability for the payment of property taxes which
would not be incurred but for such amendment or which has the effect of
increasing the rateable value  2[or the capital value, as the case may be,] of

1 These words were inserted by Mah. 10 of 2010, s. 31.
2 These words were inserted by Mah. 10 of 2010, s. 32 (1) and (2).

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Maharashtra  Municipal  Corporations  Act

325

any premises as stated in the assessment book, a special written notice as
provided in sub-rule (2) of rule 15 shall be given by the Commissioner and, as
far as may be, the procedure laid down in rules 16, 17 and 18 shall be followed.

(3) Every such amendment shall be deemed to have been made, for the
purpose of determining the liability or exemption of the person concerned in
accordance with the altered entry, from the earliest day in the current official
year when the circumstances justifying the amendment existed.

21.

(1) It shall not be necessary to prepare a new assessment-book every
official year. Subject to the provisions of sub-rule (2), the Commissioner may
adopt the entries in the last preceding year’s book with such alterations as
he thinks fit, as the entries for each new year:

New
assessment
book need not
be prepared
every official
year.

Provided that public notice shall be given in accordance with rules 13
and 15 every year and the provisions of the said rules and of rules 16 to 20,
both inclusive, shall be applicable each year.

(2) A new assessment-book shall be prepared at the least once in every

1[five years].

Person
responsible
for the
payment of
the tax on
vehicles,
boats  and
animals.

Vehicle,  boat
and animal
tax book to be
kept.

Special provisions regarding Tax on Vehicles, Boats and Animals.

22.

(1) The tax on vehicles, boats and animals shall be leviable from the
owner of or person having possession or control of any vehicle, boat or animal
in respect of which the said tax is leviable:

Provided that in the case of an animal generally used or employed in
drawing any vehicle the tax in respect of such animal shall be leviable from
the owner of, or the person having possession or control of, such vehicle,
whether or not such animal is owned by such owner or person.

(2) For the purposes of this rule, the person in whose name a motor
vehicle is for the time being registered under the  *Motor Vehicles Act, 1939,
shall, until the contrary is proved, be presumed to be the owner or person in
possession or control of such motor vehicle.

23.

(1) The Commissioner shall keep a book, in which shall be entered

from time to time:—

(a) a list of the persons liable to pay any tax under rule 22 ;
(b) a specification of the vehicles, boats and animals in respect of

which the said persons are, respectively, liable to the said tax ;

(c) the amount of tax payable by each such person and the period

for which it is payable ;

(d) the particulars of every composition made under section 144.

(2) Any person whose name is entered in the said book, or the agent of
any  such  person,  shall  be  permitted,  free  of  charge,  to  inspect  and  take
extracts from any portion of the said book which relates to such person.

(3) Any person not entitled under sub-rule (2) to inspect and take extracts
from any portion of the said book, free of charge, shall be permitted to do so on
payment of such fee as shall from time to time be prescribed in this behalf by
the Commissioner, with the approval of the Standing Committee.

1 These words were substituted for the words “four years” by Mah. 27 of 2010, s. 13 (B).
* Now see the Motor Vehicles Act, 1988.

H 610—44a

326

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Returns from
owners of
premises and
person liable
to the tax.

Notice to be
given to
commissioner
by a person
who becomes
owner or
possessed of a
vehicle, boat
or animal in
respect of
which liability
arises, etc.

24.

(1) The owner of any premises let to or occupied by more than one
person owning or having possession or control of vehicles, boats and animals
liable to the payment of the tax on vehicles, boats and animals shall on or
before the first day of April and the first day of October in each year furnish
the Commissioner with a written return, signed by such owner of the name
and address of each of the said persons, and of the animals, boats and vehicles
owned by or in the possession or under the control of each of the said persons
kept upon such owner’s premises.

(2) Every person who owns or has in his possession a vehicle, boat or
animal liable to the payment of the tax on vehicles, boats and animals shall
on or before the first day of April and the first day of October in such year, or
within fifteen days of the receipt of a special notice in this behalf from the
Commissioner furnish the Commissioner with a written return, signed by
such person and containing such information concerning the vehicle, boat or
animal, if any, owned by or in the possession or under the control of such
person as the Commissioner from time to time specifies by public notice.

(3) Every such owner or person as is referred to in sub-rule (1) and sub-
rule (2), respectively, shall be bound to make a true return to the best of his
knowledge or belief, whether or not he is liable to the payment of the tax.

25.

(1) Every person who becomes the owner or obtains possession or
control of any vehicle, boat or animal in respect of which the said tax is leviable
shall give notice in writing to the Commissioner within fifteen days after he
has become the owner or has obtained possession or control of such vehicle,
boat or animal, of the fact that he has become the owner or has obtained
possession or control of such vehicle, boat or animal, as the case may be.

(2) Every person who ceases to own or have possession or control of any
vehicles, boat or animal in respect of which the said tax is leviable shall give
notice in writing to the Commissioner of the fact that he has ceased to own
or have possession or control of such vehicle, boat or animal. Such person
shall, in addition to any other penalty to which he may be liable, continue to
be liable for the payment of the said tax leviable from time to time in respect
of such vehicle, boat or animal until he gives such notice :

Provided that nothing herein contained shall be held to diminish the
liability to pay the said tax of the person who becomes the owner or obtains
possession or control of such vehicle, boat or animal or affect the prior claim
of the Commissioner on such vehicle, boat or animal for the recovery of any
tax due in respect thereof.

Special provisions relating to Octroi and Tolls.

26.

[Table of rates of octroi to be affixed on certain places] Deleted by

Mah. 42 of 2017, s.45.

Tabel of tolls
to be affixed
in conspicuous
position.

27. The Commissioner shall cause a table of the tolls for the time being
leviable, specifying the amounts and the terms on which the liability to pay
the  toll  may  be  compound  by  periodical  payments,  to  be  printed  in  such
language or languages as the Corporation may from time to time specify in
this behalf, and to be affixed in a conspicuous position at every place at which
the said tolls are levied.

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Maharashtra  Municipal  Corporations  Act

327

28.

[Power to keep account-current with person, firm or public body in
lieu of levying octroi on production of goods] Deleted by Mah. 42 of 2017, s. 45.

29.

[Power to examine article liable to octroi] Deleted by Mah. 42 of 2017,

s. 45.

Collection of taxes.

30. Each of the property-taxes shall be payable in advance in half yearly
installments on each first day of April and each first day of October  1[as
specified in a bill served under rule 39, 40 or 55].

Proprty taxes
payable half
yearly in
advance.

31.

(1) The  tax  on  vehicles,  boats  and  animals,  including  the  tax
payable under the proviso to clause (f) of sub-section (1) of section 143, shall
be paid half-yearly in advance on each first day of April and each first day
of  October.

Tax on
vehicles,
boats  and
animals
payable in
advance.

If in any half-year a vehicle, boat or animal becomes liable to such tax,
such tax shall be leviable thereon from the earliest day in the half-year on
which such vehicle, boat or animal so becomes liable and the amount of tax
leviable for such half-year shall be, if such earliest day occurs,—

(a) in the first two months of such half-year, the whole tax for such

half-year ;

(b) in the third or fourth month of such half-year, two-thirds of the

tax for such half-year ;

(c) in the last two months of such half-year, one-third of the tax for
such half-year, provided that no tax shall be leviable for such half-year if
such earliest day occurs within the last twenty days of such half-year.

(2) Notwithstanding anything in sub-rule (1), the Commissioner may, with
the previous approval of the Corporation, by public notice declare that the
tax payable in respect of such class of vehicles other than motor vehicles or
in respect of such animals as are specified in the notice shall be payable yearly
in advance on each first day of April and, in the event of such notice being
given, if a vehicle or animal affected by such notice becomes liable to the tax
during the course of the year, the tax shall be leviable thereon from the earliest
day in such year, and the amount of tax leviable for such year shall be, if such
earliest day occurs,—

(a) in the first quarter of such year, the whole tax for such year ;

(b)  in  the  second  quarter  of  such  year,  two-thirds  of  the  tax  for

such year ;

(c) in the third quarter of such year, one-half of the tax for such year ;

(d) in the last quarter of such year, one-third of the tax for such year :

Provided that no tax shall be levied for such year if such earliest day

occurs within the last twenty days of such year.

1 These words were added by Mah. 10 of 2010, s. 33.

328

Display of
tokens,
badges or
discs on
vehicles liable
to tax on
vehicles,
boats  and
animals.

Octroi
payable on
demand.

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

32.

(1) Every person who pays the tax on vehicles, boats and animals

in respect of any vehicle shall be given a token or badge or disc indicating

clearly the period for which the tax has been paid and bearing a distinctive

number and shall at all times display such token, badge or disc prominently

on such vehicle.

(2) Any vehicle found in the City on which no such token, badge or disc

is displayed may, if there is reason to believe that such vehicle is liable to the

tax on vehicles, boats and animals and if the owner of such vehicle is not known

or cannot be traced, be seized by any municipal officer authorised in this behalf

by the Commissioner and detained.

(3) If any person, within one month of the seizure of a vehicle under sub-

rule (2), establishes his claim thereto to the satisfaction of the Cormmissioner,

the Commissioner shall order such vehicle to be delivered to such person upon

payment by such person of the amount of tax, if any, due and of such amount

as the Commissioner may fix as the costs of seizure and detention.

(4) If within the said period of one month the vehicle is not claimed by

any  person  or  if  no  claim  made  under  sub-rule  (3)  is  established  to  the

satisfaction of the Commissioner, the vehicle may be sold by public auction

and the proceeds of such sale, after deducting the tax, if any, due and all costs

incurred on seizure, detention and sale, shall be delivered to any person who

within six months of the sale establishes his claim thereto or, if no such claim

is received or established, shall be forfeited to the Corporation.

(5) For every token, badge or disc given under sub-rule (1) a fee shall be

payable of such amount as the Commissioner may, with the previous approval

of the Standing Committee, prescribe for each kind of token, badge or disc.

33.

(1) Octroi shall be payable on demand.

(2) Every person authorized by the Commissioner to demand octroi shall

tender to every person on whom the demand is made a bill specifying the

goods taxable, the amount claimed, and the rate at which the tax is calculated.

Tolls  payable
on demand.

34.

(1) Tolls shall be payable on demand.

(2) Every person authorized by the Commissioner to demand tolls shall

tender to every person on whom the demand is made a bill showing the amount

of the toll and the rate at which it is claimed.

Collection of
octroi and
tolls how to be
effected.

35. Octroi  and  tolls  may  be  collected  under  the  orders  of  the

Commissioner by municipal officers and servants appointed in this behalf or,

if  the  Commissioner  thinks  fit,  may,  with  the  approval  of  the  Standing

Committee, be framed by him for any period not exceeding one year at a time

or be collected by or under the orders of any person whom the Commissioner,

with the approval of the Standing Committee, appoints to be his agent for

this purpose.

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Maharashtra  Municipal  Corporations  Act

329

36. Theatre Tax shall be payable at the chief municipal office or at such
other place or places as the Commissioner may from time to time appoint in
this behalf at least twelve hours in advance of the commencement of the
performance in respect of which the tax is due by the person responsible for
the management of such performance.

Theatre tax
payable in
advance.

37. The  Commissioner  may  arrange  with  any  person  liable  for  the
payment of Theatre Tax in respect of a series of performances intended to be
given of any amusement or entertainment for the payment by such person in
one amount for such series extending over not more than one month at a time
in lieu of separate payments for each performance.

Payment of
Theatre Tax
for series if
performances
in lump.

38.

If the Theatre Tax is not paid in respect of any performance the
Commissioner shall, by written notice, call upon the defaulter to pay the
amount due within such period as may be specified in the notice and may, if
the payment is not made within the specified period, recover the amount by
distress and sale of the moveable property or attachment and sale of the
immovable property of the defaulter as if the amount were a property-tax due
by him.

Recovery of
Theatre Tax
in case of
default.

39.

(1) Where any property tax or tax on vehicles, boats and animals or
any tax declared by or under this Act to be recoverable in the manner provided
for a property tax, or any instalment of any such tax shall become due, the
Commissioner shall, with the least practicable delay, cause to be served on
the person liable for the payment thereof a bill for the sum due.

Presentation
of bills for
certain taxes.

(2) Every such bill shall specify the period for which, and the premises,
property, occupation, vehicle, boat, animal or thing in respect of which the
tax is charged, and shall also give notice of the time within which an appeal
may be preferred against such tax and of the consequences of default in
payment as hereinafter provided.

40.

(1) All the sums due for each period for all or any of the property
taxes by any one person on account of one and the same property shall be
charged to such person in one bill and shall be recoverable from him in the
lump :

When one bill
may be
presented for
several
claims.

Provided that nothing herein contained shall affect the liability of such
person to any increased tax to which he may be assessed on account of the
said property owing to a revision of the rateable value.

(2) If any one person is liable for all or any of the said taxes on account
of more properties than one, it shall be competent to the Commissioner to
charge to such person in one or several bills, as he shall think fit, the several
sums payable by him on account of such properties:

Provided that if such person, by written notice to the Commissioner,
request to be furnished with several bills, the Commissioner shall comply with
such request in respect of all the said taxes for which such person becomes
liable after receipt by the Commissioner of the notice.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Mah. X
of 2010.

Levy of
penalty on
unpaid
amount of
bill.

Distress or
attachment.

1[41.

(1) The amount of first half-yearly tax as specified in the bill which
has been served as aforesaid shall be paid within three months from the date
of service of the bill and of the second half-yearly tax as specified in the bill
shall be paid before the 31st December of each year; and if a person liable to
pay tax does not pay the same as required as aforesaid, then he shall be liable
to pay by way of penalty in addition to the amount of such tax or part thereof
which has remained unpaid, a sum equal to two per cent. of such tax for each
month or part thereof after the last date by which he should have paid such
tax and shall continue to be liable to pay such penalty until the full amount
as per the bill is paid :

Provided that, any property tax for which a bill is served under this Act
before  the  date  of  commencement  of  the  Bombay  Provincial  Municipal
Corporations, the City of Nagpur Corporation, the Maharashtra Municipal
Councils, Nagar Panchayats and Industrial Townships, the Maharashtra
(Urban Areas) Protection and Preservation of Trees and the Maharashtra Tax
on Buildings (with larger Residential Premises) (Re-enacted) (Amendment)
Act, 2009 (hereinafter referred to as “ the Amendment Act of 2009 ”) has
remained unpaid in full or in part, a person who has not paid such tax shall
be liable to penalty as provided under this section, on and from the date of
commencement of the said Amendment Act of 2009.

(2) If the other taxes or dues claimed in the bill are not paid by the date
specified in the bill, the provisions of sub-section (1) shall mutatis multandis
apply to the amount which has so remained unpaid.]

42.

(1) If the person 2[liable for the payment of the tax for which a bill
is served upon him does not pay the tax together with penalty or interest or
both as required under the provisions of this Act to pay the same] and if no
appeal is preferred against the said tax, as hereinafter provided, such sum,
with all costs of the recovery, may be levied under a warrant in Form H or to
the like effect, to be issued by the Commissioner, by distress and sale of the
moveable  property  of  the  defaulter  or  the  attachment  and  sale  of  the
immovable property of the defaulter or, if the defaulter be the occupier of
any permises in respect of which a property-tax is due, by distress and sale
of any moveable property found on the said premises or, if the tax be due in
respect of any vehicle, boat or animal, by distress and sale of such vehicle,
boat or animal in whomsoever’s owenership, possession or control, the same
may be.

3[(2) Where the person liable to pay the tax according to the bill served
upon him pays the tax as required under the provisions of this Act but does
not pay the amount of penalty or interest or both either in whole or in part as
may be due on the upaid amount of tax, for such amount which has remained
unpaid, a warrant in the form of Schedule H, mutatis mutandis, may be issued
by the Commissioner in the same manner as if such sums were due on account
of the tax.]

1 Rule 41 of the TAXATION RULES was substituted by Mah. 10 of 2010, s. 34.
2 These words were substituted for the words beginning with the words “on whome a notice of
demand” and ending with the words “satisfaction of the Commissioner” by Mah. 10 of 2010.
s 35(1).

3 Subrule (2) was substituted by Mah. 10 of 2010, 35(2).

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

331

43.

(1) Where any property of a defaulter or any vehicle, boat or animal

liable to be distrained or attached is situate within the City the warrant issued

under rule 42 shall be addressed to an officer of the Corporation.

(2) Where such property, vehicle, boat or animal is situate outside the

Property of
defaulter may
be distrained
or attached
wherever
found.

City, the warrant shall be addressed to,—

(a) the Registrar, Court of Small Causes, Bombay, if such property,

vehicle, boat or animal is situate in the City of Bombay ;

(b) the Commissioner, if such property, vehicle, boat or animal is

situate in a City;

(c) the Chief Officer or the Vice-President if such property, vehicle,

boat or animal is situate in a municipal borough or municipal district,

respectively;

(d) the  Executive  Officer  of  the  Cantonment  if  such  property,

vehicle, boat or animal is situate in a cantonment;

(e) an officer of Government not lower in rank than a Mahalkari if

such property, vehicle, boat or animal is situate elsewhere.

(3) Any officer to whom a warrant is addressed under sub-rule (2) may

endorse such warrant to a subordinate officer.

44.

(1)  It  shall  be  lawful  for  the  officer  to  whom  a  warrant  for  the

distraint and sale of any moveable property issued under rule 42 is addressed

or endorsed to break open at any time between sunrise and sunset any outer

or inner door or window of any building, in order to make any distress directed

in the warrant if he has reasonable ground for believing that such building

contains property which is liable to seizure under the warrant, and if, after

notifying his authority and purpose and duly demanding admittance, he

Warant how
to be executed
in case of
moveable
property.

cannot otherwise obtain admittance :

Provided that such officer shall not enter or break open the door of any

apartment  appropriated  for  women,  until  he  has  given  such  women  an

opportunity to remove.

(2)  It shall also be lawful for such officer to distrain, wherever the same

may  be  found,  any  property  of  the  person  named  in  the  said  warrant  as

defaulter,  provided  that  the  following  property  shall  not  be  distrained,

namely :—

(a) the necessary wearing apparel and bedding of the defaulter, his

wife and children;

(b) the tools of artizans ;

(c) if the defaulter is an agriculturist, his implements of husbandry,

seed-grain and such cattle as may be necessary to enable the defaulter

to earn his livelihood.

H 610—45

332

Warrant how
to be executed
in case of
immovable
property.

Inventory and
notice of
distress  and
sale.

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

45.

(1) When a warrant is issued under rule 42 for the attachment and
sale  of  immovable  property,  the  attachment  shall  be  made  by  an  order
prohibiting the defaulter from transferring or charging the property in any
way, and all persons from taking any benefit from such transfer or charge,
and declaring that the property will be sold unless the  1[tax due, penalty or
interest or both, if any, due and payable together] with the costs of recovery,
are paid into the municipal office within2[twenty-one days.]

3[(2) Such order shall be proclaimed by fixing at some conspicuous part
of the property and upon a conspicuous part of the municipal office and also,
when the property is land, paying revenue to the State Government, in the
office of the Collector.]

(3) Any transfer of a charge on the property attached or of any interest
therein made without the written permission of the Commissioner shall be
void  as  against  all  claims  of  the  Corporation  enforceable  under  the
attachment.

46. The officer charged with the execution of a warrant of distress shall
forthwith make an inventory of the moveable property or vehicles, boats or
animals which he seizes under such warrant, and shall at the same time give
a written notice in Form I or in a similar form to the person in possession
thereof at the time of seizure that the said  property or vehicles, boats or
animals will be sold as therein mentioned.

Sale.

47.

(1) Where the property seized is subject to speedy and natural decay
or when the expense of keeping it in custody together with the amount to be
levied is likely to exceed its value, the Commissioner shall at once give notice
to the person in whose possession the property was, when distrained, to the
effect that it will be sold at once, and shall sell it accordingly unless the sum
due and the costs of recovery are paid forthwith.

(2)  If  not  sold  at  once  under  sub-rule  (1)  the  property  distrained  or
attached or, in the case of immovable property, a sufficient portion thereof
may, after the expiry of the period stated in sub-rule (1) of rule 45, or named
in the notice served under rule 46, as the case may be, be sold by  public auction
4[or by auction by inviting sealed bids] by order of the Commissioner, unless
the warrant is suspended by him or the sum due and the costs of recovery
are paid by the defaulter, and the Commissioner shall apply the proceeds or
such part thereof as shall be requisite in discharge of the sum due and of the
costs of recovery.

(3) The surplus, if any, shall be forthwith credited to the Municipal Fund,
but, if the same be claimed by written application to the Commissioner within
six months from the date of the sale, a refund thereof shall be made to the
person is possession of the property at the time of the seizure or attachment

1 These words were substituted for the words “amount due” by Mah. 10 of 2010, s. 36 (1) (a).
2 These words were substituted for the words “five days” by Mah. 10 of 2010, s. 36 (1) (b).
3 Sub-rule (2) was substituted by Mah. 10 of 2010, s. 36 (2).
4 These words were inserted by  Mah. 10 of 2010, s. 37.

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Maharashtra  Municipal  Corporations  Act

333

and any surplus not claimed within six months as aforesaid shall be the
property of the Corporation.

(4) Where the sum due and the costs of recovery are paid by the defaulter
before a sale is effected, the property seized shall be returned to him and the
attachment, if any, of immoveable property shall be deemed to have been
removed.

(5) Sales of immovable property under this rule shall be held in the

manner laid down in the standing orders.

(6) After sale of the immovable property as aforesaid the Commissioner
shall put the person declared to be the purchaser in possession of the same
and shall grant him a certificate to the effect that he has purchased the
property to which the certificate refers.

(7) It shall be lawful for the Commissioner on behalf of the Corporation
to offer a nominal bid in the case of any immovable property put up for sale,
provided the previous approval of the Standing Committee is obtained to such
bidding.

(8) The  Commissioner  may  direct  the  removal  from  the  immovable
property by any police officer of any person who obstructs him in any action
taken in pursuance of sub-rule (6) and may also use such force as is reasonably
necessary to effect entry on the said property.

48.

(1)  Where  the  warrant  is  addressed  outside  the  City,  the
Commissioner may by endorsement direct the person to whom the warrant
is addressed to sell the property distrained or attached; and in such case it
shall  be  lawful  for  such  person  to  sell  the  property  and  to  do  all  things
incidental to the sale in accordance with the provisions of rule 47 and to
exercise the powers and perform the duties of the Commissioner under the
said rule in respect of such sale, except the power of suspending the warrant.

(2) Such person shall, after deducting all costs of recovery incurred by him,
remit the amount recovered under the warrant to the Commissioner, who shall
dispose of the same in accordance with the provisions of the said rule.

49.

(1) In the case of non-payment of any octroi or any toll on demand
by any person authorized in this behalf by the Commissioner such person may
seize any goods on which the octroi is chargeable, or any vehicle or animal on
which the toll is chargeable or any part of the burden of such vehicle or animal
which is in his opinion of sufficient value to satisfy the demand together with
the  expenses  incidental  to  the  seizure,  detention  and  eventual  sale,  if
necessary, of such animal, goods, vehicle, burden or part thereof, and may
detain the same. He shall thereupon give the person in possession of the
vehicle, animal or thing seized, a list of the property together with a written
notice in Form I.

(2) When any property seized is subject to speedy decay, or when the
expense of keeping it together with the amount of the octroi or toll chargeable

Sale  outside
City.

Special
provisions in
regards to
non-payment
of octroi or
toll.

H 610—45a

334

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

is likely to exceed its value, the person seizing such property may inform the

person in whose possession it was that it will be sold at once; and shall sell it
or cause it to be sold accordingly unless the amount of octroi or toll demanded

and the expenses incidental to the seizure be forthwith paid.

(3)  If  at  any  time  before  a  sale  has  begun,  the  person  from  whose
possession the property has been seized, tenders at the municipal office the

amount  of  all  expenses  incurred  and  of  the  octroi  or  toll  payable,  the

Commissioner shall forthwith deliver to him the property seized.

(4) If no such tender is made, the property seized may be sold, and the

proceeds of such sale shall be applied in payment of such octroi, and the

expenses incidental to the seizure, detention and sale.

(5)  The  surplus,  if  any,  of  the  sale  proceeds  shall  be  credited  to  the

Municipal  Fund,  and  may,  on  application  made  to  the  Commissioner  in

writting within six months next after the sale, be paid to the person in whose
possession the property was when seized, and if no such application is made,

shall become the property of the Corporation.

(6)  The expenses incidental to the seizure of any property under this
rule shall be determined in such manner as the Commissioner may specify in

this behalf but shall not in any case exceed ten per cent. of the amount of octroi

or toll payable.

Fees for
warrants
issued, etc.

50. For every warrant issued, distraint or attachment made and for the

maintanance of any animal seized fees shall be charged at such rates as the
Corporation may from time to time specify with the sanction of the  1[State]
Government and such fees shall be included in the costs of recovery.

Penalty, fees
or cost of
recovery may
be remitted.

Attachment of
rent due.

2[51. The Commissioner may, in his discretion, remit the whole or any

part of penalty under rule 41, or fees or cost of recovery under rule 50.]

52.

(1) Where a bill for any sum due on account of any property-tax is

serve upon an occupier of premises pursuant to sub-section (1) of section 140,

the Commissioner may at the time of service or at any subsequent time cause

to  be  served  upon  the  occupier  a  notice  requiring  him  to  pay  to  the
Corporation any rent due or falling due from him to the person primarily

liable for the payment of the said tax to the extent necessary to satisfy the

said sum due.

(2) Such notice shall operate as an attachment of the said rent until the

said sum due on account of property-tax shall have been paid and satisfied,

and the occupier shall be entitled to credit in account with the person to whom

the said rent is due for any sum paid by him to the Corporation in pursuance
of such notice.

1. This word was substituted for the word “Provincial” by the Adaptation of Laws Order, 1950.
2 Rule 51 of  the TAXATION RULES was substituted by Mah. 10 of 2010, s. 38.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

335

(3) If the occupier shall fail to pay to the Corporation any rent due or

falling due which he has been required to pay in pursuance of a notice served
upon him as a aforesaid the amount of such rent may be recovered from him

by the Corporation as if it were an arrear of property-tax under section 140,

provided  that  sub-section  (3)  of  the  said  section  shall  not  apply  to  such

recovery.

53.

(1) If the Commissioner shall at any time have reason to believe

that any person from whom any sum is due on account of any tax other than

octroi or a toll or Theatre Tax is about forthwith to remove from the City, the
Commissioner may direct the immediate payment by such person of the sum

so due by him and cause a bill for the same to be served on him.

Summary
proceedings
may be
taken against
persons
about to
leave the City.

(2) If on service of such bill the said person do not forthwith pay the sum

due by him or show cause to the satisfaction of the Commissioner for not doing

so the amount shall be leviable by distress and sale in the manner hereinbefore
prescribed,1** and the Commissioner's warrant for distress and sale may be
issued and executed without any delay.

54.

Instead of proceeding against a defaulter by distress, attachment

and sale as hereinbefore provided, or after a defaulter shall have been so
proceeded against unsuccessfully or with only partial success, any sum due

or the balance or any sum due, as the case may be, by such defaulter, on

account of a tax may be recovered from him by a suit in any Court of competent

Defaulters
may be sued
for arrears, if
necessary.

jurisdiction.

55. Notwithstanding anything contained in sections 472, 473 and 474,

a bill for any municipal tax may be served upon the person liable therefor by
sending it by ordinary post, under certificate of posting, in a prepaid letter

addressed to such person at his last known abode or place of business in the

City, and every bill so sent shall be deemed to have been served on the day

following the day upon which the envelope or wrapper containing such bill
was put in the post and, in proving such service, it shall be sufficient to prove

that the envelope or wrapper containing the bill was properly addressed and

put in the post under certificate of posting.

Special
provision for
service of bills
for taxes.

2[55A. Any person who is liable to pay amount of taxes or any other dues
under this Act may avail himself of the facility of making payment thereof  in

any bank or to any agency specified by the Corporation in this behalf by giving

a  public  notice  in  two  leading  newspapers  circulating  within  the  area  of
jurisdiction of the Corporation ; and the person availing himself of such facility

shall be liable to pay such fees in respect thereof to such bank or agency, as

Special
provision for
facility for
payment of
property
taxes.

the case may be, as may be determined by the Commissioner.]

1 The words “except that it shall not be necessary to serve upon the defaulter any notice of

demands” by Mah. 10 of 2010, s. 39.

2 Rule 55A of the TAXATION RULES was inserted by Mah. 10 of 2010, s. 40.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Refund of
property taxes
on account of
vacancies.

Refunds.

56.

(1) When any building or land or any portion of any premises which
has been treated as a separate property for the purpose of assessment under
any provision of this Act, has been vacant for not less than thirty consecutive
days the Commissioner shall, subject to the provisions hereinafter contained,
refund the amount of the water tax and conservancy tax, if any, paid for the
number of days that such vacancy lasted.

(2) When any building or land or any portion of any premises which has
been treated as a separate property for the purpose of assessment under any
provision of this Act has been vacant for not less than sixty consecutive days
the  Commissioner  shall,  subject  to  the  provisions  hereinafter  contained,
refund two-thirds of the amount of the general tax, if any, paid for the number
of days that such vacancy lasted :

Provided that no refund of general tax shall be claimable in any case in
which the Commissioner has sanctioned a drawback under the provisions of
rule 11.

Explanation.—For the purposes of this rule,—

(a) premises shall be deemed to be vacant only if they are unoccupied

and unproductive of rent;

(b) premises shall be deemed to be productive of rent if let to a tenant
having a continuing right of occupation thereof, whether they are actually
occupied by such tenant or not;

(c)  premises  furnished  or  reserved  by  the  owner  for  his  own
occupation whenever required shall be deemed to be occupied, whether
they are actually occupied by the owner or not;

(d) premises used or intended to be used for the purpose of any
industry which is seasonal in character shall not be deemed to be vacant
merely on account of their being unoccupied and unproductive of rent
during such period or periods of the year in which seasonal operations
are normally suspended ;

(e) a vacancy which has continued during the whole of the month of
February shall be deemed to have continued for not less than thirty
consecutive days.

Refund not
claimable
unless notice
of vacancy is
given  to
Commissioner.

57.

(1)  No  refund  of  any  property  tax  shall  be  claimed  from  the
Commissioner as aforesaid, unless notice in writing of the vacancy shall have
been given by the person liable for the tax, or his agent, to the Commissioner.

(2) No refund shall be paid by the Commissioner for any period previous
to the day of the delivery of such notice unless the notice is given within seven
days of the occurrence of the vacancy, in which case refund shall be paid as
from the date of the occurrence of the vacancy.

(3) When  a  vacancy  continues  from  one  period  in  respect  of  which
property-taxes, or any installment thereof, are recoverable, into the next
following period, no refund of any property tax shall be claimable from the
Commissioner as aforesaid on account of such continued vacancy, unless notice

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Maharashtra  Municipal  Corporations  Act

337

Refund of
water-tax
inadmissible
unless
application for
stopping water
supply has
been made.

Application
for refund
when and how
to be made.

Refund of tax
on vehicles,
boats  and
animals when
and to what
extent
obtainable.

thereof shall be given to the Commissioner as aforesaid within thirty days
from the commencement of the said next following period and such notice of
vacancy shall be required notwithstanding that notice of vacancy required to
be given under sub-rule (1) was not given until after the expiry of the period
in which the vacancy occurred.

58. No refund of water-tax shall be claimable in respect of premises
with a separate water connection unless a written application shall have
been  made  to  the  Commissioner  to  stop  the  water  supply  to  the  vacant
premises.

59.

It shall be in the discretion of the Commissioner to disallow any
claim for refund of any property-tax unless application therefor is made to
him in writing within thirty days after the expiry of the period to which the
claim relates,  1[accompanied by the original receipt or any valid proof of
payment of the amount of the bill presented to the applicant under rule 39,
40 or 55.]

60.

(1) If the tax leviable on any vehicle, boat or animal in respect of
any half year has been paid and if during such half year such vehicle, boat or
animal ceases to be kept within the City or, if kept outside, ceases to be used
in the City or is destroyed or is otherwise rendered unfit for use or if such
vehicle or boat has been under repairs or if such animal has been kept in any
institution for the reception of infirm or disused animals or is certified by a
Veterinary Surgeon to have become unfit for use and has not been used, the
person who paid the tax leviable on such vehicle, boat or animal shall, subject
to the provisions hereinafter contained, and, on the Commissioner or any
officer authorised by him being satisfied in this behalf, be entitled to receive
from the Commissioner, if the period in such half year for which such vehicle,
boat or animal has not been kept in the City or has not been used, on account
of such vehicle, boat or animal being destroyed or rendered unfit for use or
on account of such vehicle or boat being under repairs or such animal being
kept in any institution for the reception of infirm or disused animals or such
animal having been certified by a Veterinary Surgeon to have become unfit
for use, is—

(a) not less than one hundred and seventy days, the full amount of

the tax paid,

(b) not less than one hundred and fifty days, three-fourths of the

tax paid,

(c) not less than one hundred and twenty days, two-thirds of the

tax paid,

(d) not less than ninety days, one-half of the tax paid,

(e) not less than sixty days, one-third of the tax paid.

No refund of the tax shall be granted if such period is less than sixty days.

1 These words were substituted for the portion beginning with the word “accompanied” and

ending with the word “claimed” by Mah. 10 of 2010, s. 41.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(2) When a notice has been given under sub-rule (2) of rule 31, this rule
shall apply in respect of vehicles and animals affected by the notice as if for
each of the periods specified therein, double the period so specified had been
substituted.

Refund not
claimable
unless notice
is given to
Commissioner.

61.

(1) No refund of the tax shall be claimable from the Commissioner
under rule 60 unless notice in writing of the occurrence of the circumstances
giving rise to such claim or of the commencement of circumstances which may
give rise to such claim has been given to the Commissioner by the person who
paid the tax or his agent.

(2) If such notice is not received by the Commissioner within three days
of the occurrence or commencement of the circumstances as aforesaid, the
period previous to the date of the receipt of the notice shall be excluded in
computing the period referred to in rule 60, for the purposes of granting any
refund.

(3) It shall be in the discretion of the Commissioner to disallow any claim
for refund of the tax, unless application claiming such refund is made to him
in writing before the expiry of fifteen days after the end of the half year to
which the claim relates and is accompanied by the bill served on the applicant
under rule 39 for the amount of the tax from which the refund is claimed or,
if no bill was served, the official receipt for such amount.

Refund of
octroi or toll
on export.

62. Subject to the standing orders, not less than ninety per cent. of the
octroi paid on any goods shall be refunded if such goods are exported beyond
the limits of the City within six months of payment :

Provided that,—

(a) an application for refund shall be made within one week of the

date of exportation;

(b) the amount due for refund shall not be less than five rupees;

(c) in the case of goods which have broken bulk, prior intimation
has been given to the officer specified in this behalf in the standing orders
and the place or places of storage have been reported to him from time
to time.

Refund of
Theater Tax.

63.

(1) The Commissioner shall refund the amount of the Theatre-Tax
paid in respect of a particular performance if he is satisfied, on the evidence
placed before him and after such further inquiry, if any, as he may deem
necessary,—

(a) that such performance did not actually take place and that the
amount, if any, collected from intending spectators has been refunded
in full; or

(b) that  the  whole  of  the  net  proceeds  of  such  performance  are
devoted  to  a  public  charitable  purpose  and  that  the  whole  of  the
expenses  of  such  performance  do  not  exceed  twenty  per  cent.  of
the gross receipts.

(2) It shall be in the discretion of the Commissioner to disallow any claim
for refund of the tax unless application claiming such refund is made to him
in writing within three days of the day on which the intended performance
in respect of which the tax was paid was due to take place or within seven
days of the date of the performance, as the case may be.

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Maharashtra  Municipal  Corporations  Act

339

Buildings, etc.
not to be
erected
without
permission
over
municipal
drains.

Buildings, etc.
not to be
erected
without
permission
over any
drains.

CHAPTER IX.

Drainage and Drainage Works.

1.

(1) Without the written permission of the Commissioner, no building,
wall or other structure shall be newly erected, and no street or minor railway
shall be constucted over any municipal drain.

(2) If any building, wall or other structure be so erected, or any street
or  minor  railway  be  so  constructed,  the  Commissioner  may  remove  or
otherwise deal with the same as he shall think fit, and the expenses thereby
incurred shall be paid by the person offending.

2.

(1) Without the written permission of the Commissioner, no building,
wall or other structure shall be newly erected over any drain other than a
municipal drain except as may be required under sub-rule (3).

(2) If  any  building,  wall  or  other  structure  be  so  erected,  the
Commissioner  after  giving  the  offending  person  ten  days’  notice  of  his
intention, may remove or otherwise deal with the same as he shall think fit,
and the expenses thereby incurred shall be paid by the  person offending.

(3) The Commissioner may by notice in writing require the owner or
occupier of any building or land to which access from a public street cannot
be provided except by crossing an open municipal drain, channel, ditch or
gutter to provide culverts or coverings over the said drain, channel, ditch or
gutter of such form, size, and materials and provided with such means of
ventilation as may be specified in the said notice.

(4) Every culvert of covering provided in accordance with sub-rule (3)
shall be maintained and kept free from obstructions by the said owner or
occupier at his expenses.

3. Except with the written permission of the Commissioner, and in
conformity  with  such  conditions  as  shall  be  prescribed  by  the  Standing
Committee generally in this behalf, no drain shall be so constructed as to pass
beneath any part of a building.

Drains not to
pass  beneath
buildings.

4. The Commissioner may, by notice in writing, require the owner of
any building in any street to put up and maintain in good condition proper
and sufficient troughs and pipes for receiving and carrying the water from
the roof and other parts of the building and for discharging the water so that
it shall not fall upon any street or damage any street or other property vested
in the Corporation.

Provision of
troughs and
pipes to
receive water
from roofs of
buildings.

Drains of Private Streets and Drainage of Premises.

5.

(a) The owner of a private street before commencing to construct a
drain of such street to connect with a municipal drain shall submit to the
Commissioner  a  plan  of  the  street,  bearing  the  signature  of  a  licensed
surveyor in token of its having been made by him or under his supervision,
and drawn to such a convenient scale as the Commissioner shall require, and
there shall be shown on such plan the position, course and dimensions of the
proposed drain, with a section or sections thereof,  and such other particulars
in relation thereto as the Commissioner shall deem necessary and require,
and no such drain shall be proceeded with without the approval in writing or
contrary to the direction of the Commissioner ;

Power to
connect drains
of private
street with
municipal
drains.

H 610—46

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(b) the drain of such private street shall, at the expense of the owner of
the  street,  be  constructed  of  such  size,  material  and  description,  and  be
branched into the municipal drain in such manner and form of communication
in all respects, as the Commissioner shall direct;

(c) the Commissioner may, if he thinks fit, construct such part of such
drain and such part of the work necessary for branching the same into the
municipal drain as shall be in or under any public street or place vesting in
the Corporation and, in such case, the expenses incurred by the Commissioner
shall be paid by the owner of the private street.

Drainage of
courts, yards
and
compounds
appurtenant
to, or giving
access to
buildings.

6.

If any court, yard or compound appurtenant to, or any passage giving
access to, a building is not so formed, flagged, asphalted or paved, or is not
provided with such works on, above or below its surface as to allow of the
satisfactory  drainage  of  its  surface  or  sub-soil  to  a  proper  out  fall,  the
Commissioner may by written notice require the owner of the building to
execute such works as may in the opinion of the Commissioner be necessary
to remove the defect.

 Explanation.—This rule shall also apply in relation to any court, yard,
compound or passage which is used in common by the occupiers of two or more
buildings but is not a public street.

Special
provisions
relating to
trade effluent.

7.

(1) No trade effluent shall be discharged from any made premises
into a municipal drain otherwise than in accordance with a written notice,
hereinafter referred to as “ a trade effluent notice ” served on the Commissioner
by the owner or occupier of the premises, stating,—

(a) the nature or composition of the trade effluent ;

(b) the maximum quantity of the trade effluent which it is proposed

to discharge in any one day ; and

 (c) the highest rate at which it is proposed to discharge the trade
effluent, and no trade effluent shall be discharged in accordance with
such a notice until the expiration of a period of two months or such less
time as may be agreed to by the Commissioner, from the day on which
the notice is served on the Commissioner hereinafter referred to as “ the
initial period ”.

 (2) Where a trade effluent notice in respect of any premises is served on
the Commissioner, he may, at any time within the initial period, give to the
owner or occupier, as the case may be, of those premises a direction that no
trade effluent shall be discharged in pursuance of the notice until a specified
date after the end of the initial period; and, in so far as the discharge of any
trade  effluent  in  accordance  with  the  trade  effluent  notice  requires  the
consent of the Commissioner in order to be lawful, the Commissioner may
give that consent either unconditionally or subject to such conditions as he
thinks fit to impose in respect to,—

(a) the  drain  or  drains  into  which  any  trade  effluent  may  be

discharged in pursuance of the trade effluent notice ;

(b) the nature or composition of the trade effluent which may be so

discharged ;

(c) the maximum quantity of any trade effluent which may be so
discharged on any one day, either generally or into a particular drain ;

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Maharashtra  Municipal  Corporations  Act

341

 (d)

the highest rate at which any trade effluent may be discharged
in  pursuance  of  the  trade  effluent  notice,  either  generally  or  into  a
particular drain; and

(e) any other matter with respect to which by-laws may be made
under this Act, but any such condition as aforesaid shall be of no effect if
and so far as it is inconsistent with any by-laws so made which are for
time being in force.
8. No person shall construct a cesspool,—

(a) beneath any part of any building, or within twenty feet 1[of] any

lake, tank, reservoir, stream, spring, or well ; or

(b) upon any site or in any position which has not been approved in

writing by the Commissioner.
9.

(1) Every drain and cesspool, whether belonging to the Corporation
or to any other person, shall be provided with proper traps and coverings and
with proper means of ventilation.

(2) The Commissioner may, by written notice, require the owner of any
drain or cesspool not belonging to the Corporation to provide and apply to
the said drain or cesspool such trap and covering and such means of ventilation
as would be provided and applied if such drain or cesspool belonged to the
Corporation.

Position of
cesspools.

All drains and
cesspools  to
be properly
covered and
ventilated.

10. No person shall, except with the permission of the Commissioner,
pass or cause or permit to be passed any excrementitious matter into any
cesspool made or used under the provisions of this Act or into any drain
communicating with any such cesspool.

Excrementitious
matter not to
be passed into
cesspool.

11.

(1) Where any premises are without a water-closet, or privy, or urinal
or bathing or washing place or if the Commissioner is of opinion that the existing
water-closet, or privy, or urinal, or bathing or washing place accommodation
available for the persons occupying or employed in any premises is insufficient,
inefficient or on any sanitary grounds objectionable, the Commissioner may,
by written notice, require the owner of such premises,—

Power of
Commissioner
to require
adequate
water-closet
and other
accommodation
to be made.

 (a) to provide such, or such additional, water-closet, privy, urinal

or bathing or washing place accommodation as he prescribes ;

 (b) to make such structural or other alterations in the existing
water-closet, privy, urinal, or bathing or washing place accommodation
as he prescribes ; or

  (c) to  substitute  water-closet  accommodation  for  any  privy

accommodation.
(2) Any requisition under sub-rule (1) may comprise any detail specified

in sub-section (2) of section 178.

12. Where it appears to the Commissioner that any premises are, or
are intended to be, used as a market, school or theatre or other place of public
resort, or as a place in which persons exceeding ten in number are employed
in  any  manufacture,  trade  or  business  or  as  workmen  or  labourers,  the
Commissioner may, by written notice, require the owner or occupier of the
said premises to construct a sufficient number of water- closets or latrines
or privies and urinals for the separate use of each sex and to cause the same
to be kept in proper order and to be daily cleaned.

Power to
require privy
accomodation
to be provided
for factories,
etc.

1 This word was substituted for the word “or” by Bom. 39 of 1951, s. 3, Second Schedule.

H 610—46a

342

Power of
Commissioner
as to
unhealthy
privies.

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

13. Where the Commissioner is of opinion that any privy is likely, by
reason of its not being sufficiently detached from any building, to cause injury
to the health of any.person occupying such building, the Commissioner, with
the previous approval of the Standing Committee, may, by written notice,
require the owner or occupier of the premises in or on which such privy is
situated either :—

 (a) to so close up such privy as to prevent any person using the
same,  and  to  provide  in  lieu  thereof  such  water-closet  or  privy
accommodation or such urinal accommodation as the Commissioner may
prescribe, or

 (b) to provide between the said privy and any portion of the said
building such air-space, open to the sky and situate entirely within the
limits of the said premises, as the Commissioner may prescribe.

Provisions as
to privies.

14.
privy shall,—

(1) The  owner  or  occupier  of  any  premises  on  which  there  is  a

(a) have  between  such  privy  and  any  building  or  place  used  or
intended to be used for human habitation, or in which any person may
be or may be intended to be employed in any manufacture, trade or
business, an air space of at least three feet in width and open to the sky ;

(b) have such privy shut off by a sufficient roof and wall, or fence,
from the view of persons dwelling in the neighbourhood or passing by ;

(c) unless and except for such period as he shall be permitted by
the Commissioner as hereinafter provided to continue any existing door
or trap-door, close up and not keep any door or trap-door in such privy
opening on to a street :

Provided that—

(1) clause (a) shall not be deemed to apply to any privy in existence on

the appointed day unless,—

(i) there is space available on the premises of the owner or occupier

for the erection of a new privy conformably to the said clause ; and

(ii) the existing privy can be removed and a new one erected as
aforesaid without destroying any portion of a permanent building other
than the existing privy ;

(2) the Commissioner may permit the continuance of such period as he
may think fit of any existing door or trap-door in a privy opening on to a street
if a nuisance is not thereby created.

15. The  owner  or  occupier  of  any  premises  on  which  there  is  a

water-closet shall,—

(a) have such water-closet divided off from any part of a building
or place used or intended to be used for human habitation, or in which
any  person  may  be  or  may  be  intended  to  be  employed  in  any
manufacture, trade or business, by such means as the Commissioner shall
deem sufficient ;

Provisions as
to
water-closets.

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Maharashtra  Municipal  Corporations  Act

343

(b) have such water-closet in such a position that one of its sides at

the least shall be an external wall ;

(c) have the seat of such water-closet placed against an external

wall ;

(d) cause  such  water-closet  to  be  provided  with  such  means  of
constant ventilation as the Commissioner shall deem adequate, by a
window or other apurture in one of the walls of such water-closet opening
directly into the external air, or by an air-shaft or by some other suitable
method or appliance ;

(e) have such water-closet supplied by a supply-cistern and flushing
apparatus and fitted with a soil-pan or receiver and such other appliances
of such materials, size and description as the Commissioner shall deem
necessary :

 Provided always that a cistern from which a water-closet is supplied
shall not be used, or be connected with another cistern which is used, for
supplying water for any other purpose ;

(f) have flushing cisterns of such materials, size and description
supplied with a constant and sufficient supply of water for flushing and
cleaning the water-closet as the Commissioner may deem necessary.

16. No person shall build a privy or water-closet in such a position or

manner as,—

(a) to be directly over or directly under any room or part of a building
other  than  a  privy  or  water-closet  or  a  bathing  place,  bath-room  or
gallery, passage or terrace ;

(b) to be within a distance of twenty feet from any well or from any
spring,  tank  or  stream  the  water  whereof  is,  or  is  likely  to  be,  used
(whether in a natural or manufactured state) for human consumption or
domestic purposes or otherwise render the water of any well, spring, tank
or stream liable to pollution.

Position of
privies and
water-closets.

17.

(1) No  public  water-closet,  privy  or  urinal  other  than  a
water-closet, privy or urinal erected within railway premises or erected by
the Government shall be erected in, or so as to be accessible from, any street
without the consent of the Commissioner who may, in giving his consent,
impose such terms as to the use of the water-closet, privy or urinal and as to
its removal at any time, if required by him, as he thinks fit.

Control over
water-closets,
etc., in, or
accessible
from streets.

(2) The Commissioner may, by written notice require,—

(a) the  owner  of  a  water-closet,  privy  or  urinal  which  has  been
erected  in  contravention  of  sub-rule  (1)  or  the  removal  of  which  the
Commissioner is entitled to require, to remove it ;

(b) the owner of a water-closet, privy or urinal which opens on a
street and is so placed or constituted as to be a nuisance or offensive to
public decency to remove or permanently to close it.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Use of places
for bathing or
washing
clothes or
domestic
utensils.

Work to be
done by
licensed
plumber ;
permission to
use as drain.

18. No person shall use or permit to be used as a bathing place, or as a
place for washing clothes or domestic utensils, any part of any premises which
has not been provided with such floor as the Commissioner considers suitable
and  with  all  such  appliances  and  fittings  as  shall,  in  the  opinion  of  the
Commissioner, be necessary for collecting the drainage thereof and conveying
the same therefrom.

 19.

(1) No person other than a licensed plumber shall execute any
work described in this Chapter or in Chapter XII of this Act and no person
shall permit any such work to be executed except by a licensed plumber :

 Provided that if, in the opinion of the Commissioner, the work is of a
trivial nature, he may grant permission in writing for the execution of such
work by a person other than a licensed plumber.

 (2) Every person who employs a licensed plumber to execute any such
work shall, when so required, furnish to the Commissioner the name of such
plumber.

 (3) Every such person shall, within one month after completion of any
such work and before permitting the same or any portion thereof to be filled
in or covered over, deliver or send or cause to be delivered or sent to the
Commissioner at his office notice in writing of the completion of such work,
accompanied by a certificate in such form as the Commissioner may from
time to time prescribe signed by the licensed plumber by whom the same
has been executed, who is hereby required immediately upon completion
of the work and upon demand by the person employing him to sign and give
such  certificate  to  such  person,  and  shall  give  to  the  Commissioner  all
necessary facilities for the inspection of such work :

Provided that,—

 (a) such inspection shall be made within seven days from the date

of receipt of the notice of completion, and

 (b) the Commissioner may, within seven days after such inspection,
by written intimation addressed to the person from whom the notice of
completion was received and delivered at his address as stated in such
notice, or, in the absence of such address, affixed to a conspicuous part
of the premises in which such work has been executed,—

(i) give permission for the filling in or covering over of such

work ; or

(ii) require that, before such work is filled in or covered over,
it shall be amended to the satisfaction of the Commissioner in any
particular respect of which it is not in accord with a requisition
previously made by the Commissioner or contravenes some provision
of this Act or of the rules or by-laws.

(4) No person shall permit any such work to be used as a drain or part of

a drain until,—

(a) the permission referred to in proviso (b) to sub-rule (3) has been

received ; or

(b) the Commissioner has failed for fourteen days after receipt of
the notice of completion to intimate as aforesaid his refusal of permission
for the filling in or covering over of such work.

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Maharashtra  Municipal  Corporations  Act

345

Erection of
shafts, etc.,
for ventilation
of drains or
cesspools.

Manner of erecting shafts or affixing pipes for
ventilation of drains or cesspools.

20. Any shaft or pipe erected or affixed by the Commissioner for the

purposes of ventilating any drain or cesspool under section 175 shall—

(a) be  carried  at  least  fifteen  feet  higher  than  any  sky-light  or

window situated within a distance of forty feet therefrom ;

(b) if the same be affixed to a wall supporting the eave of a roof, be

carried at least five feet higher than such eave ;

(c) be erected or affixed so as to create the least practicable nuisance

or inconvenience to the inhabitants of the neighbourhood ;

(d) be  removed  by  the  Commissioner  to  some  other  place,  if  at
any time the owner of the premises, building or tree upon or to which
the same has been erected or affixed is desirous of effecting any change
in his property which either cannot be carried out, or cannot without
unreasonable  inconvenience  be  carried  out,  unless  the  shaft  or  pipe
is  removed.

CHAPTER X.

WATER SUPPLY.

1.
context,—

In this Chapter, unless there is anything repugnant in the subject or

Definitions.

(a) “ communication pipe ” means a pipe extending from a municipal

main up to and including the municipal stop-cock ;

(b) “ consumer ” means any person who uses or is supplied with
water from a municipal water work or on whose application such water
is supplied and includes any person liable to the Corporation under the
provisions of this Act for the payment of water tax or any sum for the
water supplied from a municipal water work ;

(c) “ consumer's pipe ” means a pipe used in connection with the
supply of water from any municipal water work and which is not the
property of the Corporation ;

(d) “ distributing pipe ” means any pipe not subject to water pressure

from a municipal water main ;

(e) “ fitting ” includes a pipe, coupling, flange, branch, bend, stop,
ferrule, stop tap, bib tap, spring tap, pillar tap, globe tap, ball cock, boiler,
pump, meter, hydrant and any other apparatus or article used for the
purpose of conveying or storing water supplied by the Corporation ;

(f) “ municipal stop cock ” means the stop cock which controls the

supply of water from a municipal water main ;

(g) “ supply pipe ” means the pipe extending from a municipal stop
cock upto the ball cock of the storage tank, if any, and any pipe subject to
pressure from a municipal water main.

Private water-supply.

2.

(1) Subject to the provisions of sub-rules (2), (3) and (4), supply pipes
for conveying to any premises a private supply of water from a municipal
water  work  shall  not  be  connected  with  such  water  work  except  on  the
written application or with the written assent of the owner of the premises,

Conditions on
which private
water supply
may be
provided.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

or of the person primarily liable for the payment of property-taxes on the said
premises.

(2) If it shall appear to the Commissioner that any premises situate
within any portion of the City in which a public notice has been given by the
Commissioner under clause (b) of sub-section (1) of section 130, are without a
supply  of  pure  water  obtainable  on  the  premises  and  adequate  to  the
requirements of the persons usually occupying or employed upon the said
premises, the Commissioner may, by written notice, require the owner of the
said premises or the persons primarily liable for the payment of property-
taxes thereon, to obtain a supply adequate as aforesaid from a municipal water
work and to provide supply and distributing pipes, cisterns and fittings and
do all such works as may in the opinion of the Commissioner be necessary for
that purpose.

1[(3) Notwithstanding anything contained in sub-rule (1), if in respect of
any premises, where the owner or person primarily liable for the payment of
property taxes, fails or refuses to make an application or to give his assent
under sub-rule (1), within a reasonable period, the supply pipes for conveying
to such premises such water supply may be connected with such water work
on  the  written  application  of  the  occupier  of  such  premises  made  to  the
Commissioner, after holding necessary inquiry and on payment of the cost of
connecting the supply pipes and subject to such other conditions (including
those for payment of water taxes and water charges) as the Commissioner
may deem fit to impose.]

 (4) The Commissioner may refuse to grant a connection under this rule
in respect of any premises if he is satisfied that the arrangements for draining
waste water from such premises are inadequate or that the supply of water
through communication pipes is likely to cause such premises to be in an
insanitary condition or to create a nuisance, unless such measures as he may
direct are carried out for disposing of the waste water or for preventing the
creation of insanitary conditions or a nuisance.

3.
renewed,—

(1) No connection with any municipal water-work shall be made or

(a) except by a municipal officer or servant empowered in that behalf

by the Commissioner ; and

(b) until the certificate specified in sub-rule (4) has been given.

(2) In every case where a new connection with a municipal water work
is made or an existing connection is renewed all necessary communication-
pipes and fittings thereon shall be supplied by the Commissioner, and the
work of  laying and applying such communication-pipes and fittings shall
be executed by municipal agency under the Commissioner's orders, but the
cost of making or renewing such connection and of all communication-pipes
and fittings so supplied and of all work so executed, shall be paid by the
person on whose application or for whose premises the connection is made
or  renewed.

(3) Every  such  new  connection  or  renewed  connection  with  its
communication-pipes and fittings shall thereafter vest in the Corporation and
be maintained at the charge of the Municipal Fund as a municipal water-work.

1. Sub-rule (3) was substiuted for the original by Mah. 42 of 1976, s. 22.

Making and
renewing
connection
with
municipal
water works.

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Maharashtra  Municipal  Corporations  Act

347

(4) All supply and distributing pipes and cisterns and fittings not vesting
in the Corporation as aforesaid shall be laid and applied under the supervision
and to the satisfaction of a municipal officer appointed by the Commissioner
in that behalf, who shall give and sign a certificate, free of charge, when such
supply and distributing pipes, cisterns and all necessary fittings have been
laid, applied and executed in a satisfactory manner and when proper and
sufficient arrangements have been made for draining off waste water.

(5) Where any supply or distributing pipe, cistern or such fitting is laid,
applied, added to or altered, or any connection is made in contravention of
this rule the Commissioner may remove such supply or distributing pipe,
cistern, fitting or connection, or additions or alterations thereto, and make
good such pipe, cistern, fitting or connection ; and the owner and occupier of
the premises in which or for supply to which such supply or distributing pipe,
cistern or fitting has been laid, applied, added to or altered or such connection
has  been  made,  shall  be  jointly  and  severally  liable  to  pay  the  expenses
incurred by the Commissioner in so doing.

4.

(1) The Commissioner may, by agreement with a consumer, take
charge on behalf of the Corporation of all or any of the consumer’s pipes and
fittings :

Provided that if any of such pipes or fittings are communication-pipes
or fittings only not vesting in the Corporation, the Commissioner may, if he
thinks fit, take charge of the same without such agreement.

Commissioner
may take
charge of
private
connections.

(2) Any consumer’s pipes and fittings, of which the Commissioner takes
charge  under  this  rule,  shall  thereafter  vest  in  the  Corporation  and  be
maintained at the charge of the Municipal Fund as a municipal water-work.

5. The Commissioner may, if at any time he deems it expedient to alter
the position of an existing connection with any municipal water-work, or of
any consumer’s pipe or fitting thereof, and after giving to the owner of such
connection, pipe or fitting not less than four days, previous notice of his
intention so to do, cause the said connection, pipe or, fitting to be moved to
such other position as he thinks fit and relaid and applied or others to be laid
and applied in lieu thereof, in such position as he may direct ; and in every
such case all such work shall be carried out at the expense of the Municipal
Fund and such new connection, pipe and fitting shall thereafter vest in the
Corporation and be maintained at the charge of the Municipal Fund as a
municipal water-work.

Power of
Commissioner
to alter
position of
connections.

6.

(1) The Commissioner may, whenever it shall appear to him to be
necessary, by written notice require the owner of any premises furnished with
a  private  water  supply  from  any  municipal  water-work  to  provide  such
premises, within a reasonable period which shall be prescribed in the said
notice, with cisterns and fittings of such size, material, quality and description
and placed in such position and with such safe and easy means of access as
he thinks fit.

Provisions as
to cisterns
and other
fittings, etc.,
to be used for
connections
with
water-work.

(2) The Commissioner may also in the like manner require the owner of
any premises to provide such safe and easy means of access as he thinks fit to
any existing cistern which on an examination under rule 11 is found to be not
easily accessible.

H 610—47

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(3) The Commissioner may, whenever it shall appear to him necessary
or  expedient  to  remove  any  cistern  from  any  premises  furnished  with  a
private water supply, by written notice require the owner of such premises
to  remove  such  cistern  with  all  fittings  connected  therewith  from  such
premises within a period prescribed in the notice.

(4) The Commissioner shall also from time to time prescribe the size,
materials, quality, description and position of the pipes and fittings to be
employed for the purpose of any connection with, or of any communication
from, any municipal water-work and no such connection or communication
shall be made by any person otherwise than as so prescribed.

(5) The Commissioner shall likewise prescribe the size, material, quality
and  description  of  the  pipes,  cistern  and  fittings  to  be  employed  for  the
purpose of replacing any pipes, cisterns and fittings found on an examination
under rule 11 to be so defective that they cannot be effectively repaired.

(6) If any connection or communication other than that prescribed in
sub-rule (4) is found in or upon any premises it shall be presumed, until the
contrary is proved, that such connection or communication was made by or
under the direction of or with the permission of the owner of such premises.

(7) The Commissioner may issue orders providing for the stamping by
municipal  agency  of  all  pipes,  taps,  cocks,  fittings  and  materials  to  be
employed for the purposes of any connection or communication with any
municipal water-work and such orders may provide for the payment of a fee
for such stamping and prohibit the use in any of the said connections or
communications of any pipes, taps, cocks, fittings or materials other than those
so stamped.

Provision for
keeping
cisterns
locked.

7.

(1) The Commissioner may, by written notice, require the owner of
any  premises  furnished  with  a  cistern  or  in  respect  of  which  the
Commissioner has required a cistern to be furnished, to provide such cistern
with a lock and key of such pattern, material and quality as the Commissioner
shall in such notice prescribe, and may in like manner require any lock or
key found to be defective on an inspection under rule 11 to be replaced.

(2) Every cistern so provided with a lock shall be kept permanently locked

and the key shall then be delivered to the Commissioner.

Communication
pipes to be
kept in
efficient
repair by
owner or
occupier of
premises.

8.

(1) It shall be incumbent on the owner or occupier of any premises to
which a private water-supply is furnished from any municipal water-work,
to keep in a thoroughly clean condition and to maintain and keep in efficient
repair every supply and distributing pipe conveying water from the said
water-work to such premises and every meter for measuring water, not being
a municipal meter, and every cistern and fitting in or connected with any such
pipe, so as effectually to prevent the water from running to waste.

(2) When an occupier of any premises is served with a notice under sub-
rule (2) of rule 11 he may, after giving to the person to whom he is responsible
for the payment of his rent three days’ notice in writing, himself  have the
repairs executed and in such event he shall, unless the terms of the tenancy
otherwise expressly provide, be entitled to deduct from any rent due or to
become due by him to such person the actual expenses incurred by him in
complying with the notice served under sub-rule (3) of rule 11.

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Maharashtra  Municipal  Corporations  Act

349

9.

(1) Where water is supplied by measurement, the Commissioner may
either provide a meter and charge the consumer for the same such rent as
shall from time to time be prescribed in this behalf by the Standing Committee
or  may  permit  the  consumer  to  provide  a  meter  of  his  own  of  such  size,
material and description as the Commissioner shall approve for this purpose.

Provision of
meters when
water is
supplied by
measurement.

(2) The  Commissioner  shall  at  all  times  keep  all  meters  and  other
instruments for measuring water, let by him for hire to any person, in proper
order for correctly registering the supply of water and in default of his so
doing such person shall not be liable to pay rent for the same during such
time as such default continues.

(3) (a)  Any  consumer  to  whom  a  meter  is  let  out  on  hire  under
sub-rule (1) may apply in writing to the Commissioner at any time to have
the meter tested and every such application shall be accompanied by such
fee as the Commissioner may from time to time prescribe.

(b) Upon receipt of such application and fee the Commissioner shall
forthwith issue a notice to the consumer prescribing the time and place for
testing such meter and shall cause such meter to be tested at such time and
place.

(c) If upon such test such meter is found to be incorrect by more than
two per cent. the fee paid by the consumer shall be repaid to him and the
Commissioner  shall  cause  steps  to  be  taken  fortwith  for  the  repair  or
replacement of the meter.

10. Where water is supplied by measurement, the register of the meter
or other instrument for measuring water shall be prima facie evidence of the
quantity consumed.

Register of
meter to be
evidence.

Inspection.

11.

(1) The Commissioner may make an inspection of any premises to

which a private water supply is furnished by the Corporation, in order—

(a) to remove, test, examine and replace any meter for measuring

water ;

(b) to  examine  any  supply  or  distributing  pipe,  cistern,  lock  or

fitting ; or

(c) to see if there be any waste or misuse of water.

(2) The  Commissioner  may  by  written  notice,  require  the  owner  or
occupier of the premises to remedy any defect which shall be found to exist
in or to clean any such meter, not being a municipal meter let to him for hire,
or any such supply or distributing pipe, cistern, lock or fitting.

Cutting off private water-supply.

Commissioner,
etc., may
inspect
premises in
order to
examine
meter,
communication
pipes, etc.

12.

(1)  The  Commissioner  may  cut  off  the  connection  between  any
municipal water-work and any premises to which a private water-supply is
furnished by the Corporation or turn off the water from such premises in any
of the following cases, namely :—

Power to cut
off private
water-supply
or to turn off
water.

(a) in default of payment of any instalment of water-tax or of any
sum due for water or hire of meter or expenses of any work done under
or by virtue of the provisions of rule 3, 9 or 17 within one month after a
notice of demand for such tax or sum has been duly served ;

H 610—47a

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(b) if  the  owner  of  the  premises  neglects  within  the  period
prescribed in this behalf in any notice given under sub-rule (1), (2) or
(3) of rule 6 or under rule 7, to comply with any requisition made to him by
the Commissioner regarding the provision of any cistern, fitting, lock or
key or any means of access to such cistern or the removal of any cistern ;

(c) if the owner or occupier of the premises fails, within the period
prescribed in this behalf in any notice given under sub-rule (2) of rule
11, to comply with the terms of such notice or fails to use articles of the
kind prescribed under sub-rule (5) of rule 6 ;

(d) if  after  receipt  of  a  written  notice  from  the  Commissioner
requiring him to refrain from so doing, the owner or occupier of the
premises continues :—

(i) to  use  the  water,  or  to  permit  the  same  to  be  used,  in
contravention of any by-law or of any condition prescribed under sub-
section (2) of section 134 or under any other provision of this Act;

(ii) when payment for the water is made not by measurement
to permit any person not residing on premises in respect of which
water-tax  is  paid  or  payment  for  the  water  supplied  is  made
according  to  the  size  of  the  connection  to  carry  away  from  such
owner's or occupier's premises water derived from the municipal
water-work ;

(e) if the owner or occupier of the premises wilfully or negligently
injures or damages any meter, pipe, cistern or fitting or lock thereof in
such premises;

(f) if the owner or occupier of the premises fails to comply with any
requisition made on him by the Commissioner under sub-rule (2) of rule
18 to furnish the name of the licensed plumber ;

(g) if the premises are declared to be unfit for human habitation

under the provisions of this Act;

(h) if excessive waste of water is taking place within any premises
on account of damage to water-mains caused by accident or otherwise;

(i) if any communication pipes or fittings have been laid, applied,

added to or altered in contravention of the provisions of rule 6 :

Provided that—

(i) in any case under clause (a) the Commissioner shall not take
action unless not less than one month previously a copy of the notice
of  demand  in  respect  of  the  tax  or  sum  has  been  affixed  at  a
conspicuous part of the premises;

(ii) in any case falling under clause (b), the Commissioner shall
not take action unless not less than fifteen days previously a copy
of the notice under sub-rule (1), (2) or (3) of rule 6, or under rule 7,
as the case may be, has been affixed to a conspicuous part of the
premises ;

(iii) in other cases the Commissioner shall not take action unless
written notice of not less than twenty-four hours has been given to
the owner or occupier of the premises.

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Maharashtra  Municipal  Corporations  Act

351

(2) The expense of cutting off the connection or of turning off the water
in any such case as aforesaid shall be paid by the owner or occupier of the
premises.

(3) If in any case under clause (a) of sub-rule (1) the tax or sum due is
paid  within  the  period  stipulated  therein  by  any  person  or  persons  in
occupation of the premises other than the persons primarily liable for the
same, such person or persons shall be entitled to credit therefor in account
with the person primarily liable and shall be entitled, without prejudice to
any other remedy for recovery, to deduct the amount paid from any rent
payable to the person primarily liable.

13.

(1) No person shall fraudulently,—

(a) alter the index to any meter or prevent any meter from duly

registering the quantity of water supplied ;

(b) abstract or use water before it has been registered by a meter,

set up for the purpose of measuring the same.

(2) The existence of artificial means under the control of the consumer
for  causing  any  such  alteration,  prevention,  abstraction  or  use  shall  be
evidence that the consumer has fraudulently affected the same.

14. No person shall wilfully or negligently,—

General Provisions.

(a) injure  or  suffer  to  be  injured  any  meter  belonging  to  the

Corporation or any of the fittings of any such meter ;

(b) break, injure or open any lock, seal, cock, valve, pipe, work,

engine, cistern or fitting appertaining to any municipal water-work;

(c) flush or draw off the water from any such water-work, thereby

causing such water to be wasted ;

(d) do any act or suffer any act to be done whereby the water in, or

derived from, any municipal water-work shall be wasted ;

(e) obstruct, divert or in any way injure or alter any water-main or

duct ;

(f) except with the permission of the Commissioner, open, break,
injure or tamper with any lock furnished under the provisions of this Act ;

(g) foul or pollute or otherwise render unfit for human consumption

the water contained in any municipal water work.

15. Compensation shall be paid by the offender for any damage which
the Corporation sustains by reason of any contravention of rule 13 or rule 14.

16.

If it shall be shown that an offence against some provision of this
Act or against some rule or by-law relating to water-supply has occured on
any  premises  to  which  a  private  supply  of  water  is  furnished  by  the
Corporation, the owner, the person primarily liable for the payment of water
tax and the occupier of the said premises shall be jointly and severally liable
for the same.

Prohibition of
fraud in
respect of
meters.

Prohibition of
wilful or
neglectful acts
relating to
water works.

Compensation
to be payable
by offenders
against rule
13 or 14.

What persons
to be liable for
offences under
certain
provisions of
this Act.

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    [1949 : LIX

Commissioner
may execute
works under
this Chapter
without
allowing
option to
persons
concerned of
executing the
same.

Work under
this Chapter
to be done by
licensed
plumber.

17.

(1) The Commissioner may, if he thinks fit, cause any work described
in this Chapter to be executed or any cistern to be supplied with a lock and
key by Municipal or other agency under his own orders, without first of all
giving the person by whom the same would otherwise have to be executed or
supplied the option of doing or supplying the same.

(2) The expenses of any work so done or of supplying such lock and key
shall be paid by the person aforesaid, unless the Corporation shall, by a general
or special order or resolution, sanction, as it is hereby empowered to sanction,
the execution of such work or the supply of such lock and key at the charge of
the Municipal Fund.

18.

(1) No person other than a licensed plumber shall execute any work
described in this Chapter, other than the provision of a lock and key and no
person shall permit any such work to be executed except by a licensed plumber.

(2) Every person who employs a licensed plumber to execute any such
work shall, when so required, furnish to the Commissioner the name of such
plumber.

(3) Where any person causes or permits any pipe, cistern or fitting or
other work necessary for conveying a private supply of water from a Municipal
water work into any premises to be laid, applied or executed in contravention
of sub-rule (1), he shall, in addition to being liable to the penalty prescribed
for such contravention, not be entitled to an independent or branch connection
until the defects, if any, in such pipe, cistern, fitting or work are removed to
the satisfaction of the Commissioner.

CHAPTER XI.

STREETS.

I. Sky-signs.

Interpretation
of sky-sign.

1.

(1) For the purposes of section 244 the expression " sky-sign " means
any word, letter, model, sign, device or representation in the nature of an
advertisement, announcement or direction, supported on or attached to any
post, pole, standard frame-work or other support, wholly or in part upon or
over any land, building or structure which, or any part of which sky-sign,
shall be visible against the sky from some point in any street and includes
all  and  every  part  of  any  such  post,  pole,  standard  framework  or  other
support. It shall also include any balloon, parachute, or other similar device
employed  wholly  or  in  part  for  the  purposes  of  any  advertisement,
announcement or direction upon or over any land, building or structure or
upon or over any street.

(2) A sky-sign shall not include,—

(a) any flagstaff, pole, vane or weathercock, unless adapted or used
wholly or in part for the purpose of any advertisement, announcement
or direction;

(b) any sign, or any board, frame or other contrivance securely fixed
to or on the top of the wall or parapet of any building, or on the cornice
or blocking course of any wall, or the ridge of a roof :

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Maharashtra  Municipal  Corporations  Act

353

Naming or
numbering of
streets and
numbering of
1[premises].

Provided that such board, frame or other contrivance be of one continuous
face and not open work, and do not extend in height more than three feet
above any part of the wall, or parapet or ridge to, against, or on which it is
fixed or supported ;

(c) any  word,  letter,  model,  sign,  device,  or  representation  as
aforesaid, relating exclusively to the business of a railway administration,
and  placed  wholly  upon  or  over  any  railway,  railway  station,  yard,
platform or station approach belonging to a railway administration and
so placed that it cannot fall into any street or public place ;

(d) any notice of land or buildings to be sold, or let, placed upon such

land or buildings.
II.  Naming or Numbering of Streets and  Numbering of  1[Premises].

2.

(1) The Commissioner may, from time to time,—

(a) with the sanction of the Corporation, determine the name or
number by which any street for any public place vested in the Corporation
shall be known ;

(b) cause to be put up or painted on a conspicuous part of any house
at or near each end, corner or entrance to such street and at intervals
along such street or on some convenient part of such street, the name or
number of such street as so determined ;

(c) cause to be put up or painted suitable signs or boards indicating

the name of any public place vested in the Corporation ;

(d) determine the number or sub-number by which any premises or

part of such premises shall be known ;

2[(e) by written notice require the owner of any premises or part
thereof either to put up by means of a metal plate a number or sub-
number on such premises or part thereof on such position and manner
as may be specified in such notice, or to signify in writing his desire that
such work shall be executed under the orders of the Commissioner.]

Explanation.—The provisions of this sub-rule shall apply to the renewal
of the name or number of any street or public place or the number or sub-
number of any premises, or part thereof, or the obliteration or defacement of
such name or number as it applies to the putting up or painting of such name
or number for the first time.

(2) (a)  No  person  shall,  without  the  written  permission  of  the
Commissioner or without other lawful authority, destroy, remove, deface or
in any way injure or alter any such name or number or sub-number 3[or allow
or cause any metal plate bearing any number or sub-number to fall into
disrepair or otherwise become illegible or put up or paint any name or put
up any number or sub-number different from that put up or painted by order
of the Commissioner].

1 This word was substituted for the word “ Houses ” by Bom. 22 of 1956, s. 8(2)(e).
2 This paragraph was substituted for the original by Bom. 22 of 1956, s. 8(2)(a).
3 This portion was substituted for the words begining with the words “or putup or print some”
and ending with the words “by order of the comissioner by Bom 22 of 1956 s. 8(2) (b) (i).

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Interpretation
which may be
called for from
persons giving
notice under
section 217.

(b) No person shall without the written permission of the Commissioner

put up or affix any notice or board or advertisement within twelve inches of

any name or number of a street or of a number or of a sub-number of any

premises or part thereof, and the Commissioner may cause any such notice,

board or advertisement which is affixed or put up without his permission to

be removed and the expenses thereof shall be payable by such person.

1[(c) If any person contravenes the provisions of paragraph (a) or (b), he
shall, on conviction, be punished with fine which may extend to twenty rupees.]

(3) Where a number or sub-number is put up  2*** on any premises or
part  thereof  under  the  orders  of  the  Commissioner  in  accordance  with

paragraph (e) of sub-rule (1), the expenses of such work shall be payable by
the 3[owner of the premises or part thereof, as the case may be,] at such rate
as the Commissioner may from time to time fix.

4[Explanation.—In this rule “ premises ” does not include lands which
are not built upon nor does it include only verandahs, fixed platforms, plinths,

door steps, walls, compound walls, fencing or the like.]

III. Provisions concerning Private Streets.

3. For the purposes of section 218 the Commissioner may call for from

the  persons  giving  notice  under  section  217  all  or  any  of  the  following

documents :—

(i) correct plans and sections in duplicate of the proposed private

street, which shall be drawn to a horizontal scale of not less than one

and a half inches to ten feet and shall show thereon the level of the

present surface of the ground above some known fixed datum near the

same, the level and rate of inclination of the intended new street, the

level  and  inclination  of  the  streets  with  which  it  is  intended  to  be

connected, and the proportions of the width which are proposed to be

laid out as carriage-way and foot-way respectively ;

(ii) a specification with detailed description of the materials to be

employed in the construction of the said street and its footpaths ;

(iii) a plan showing the intended lines of drainage of such street and

of the buildings proposed to be erected and the intended size, depth, and

inclination of each drain, and the details of the arrangement proposed

for the ventilation of the drains ;

(iv) a plan showing each building plot with its dimensions and area

and showing open spaces with their dimensions ;

1 This paragraph was inserted by Bom. 22 of 1956, s. 8(2)(b)(ii).
2 The words "or painted" were deleted by Bom. 22 of 1956, s. 8(2)(c)(i).
3 These words were substituted for the words "owner of the premises" by Bom. 22 of 1956,

s. 8(2)(c)(ii).

4 This Explanation was added by Bom. 22 of 1956, s. 8(2)(d).

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355

(v) a scheme accompanied by plans and sections for the laying out
into streets, plots and open spaces of the other land of such persons or
of  so  much  of  such  other  land  as  the  Commissioner  shall  consider
necessary.

CHAPTER XII.

BUILDINGS REGULATIONS AND BUILDING LOANS.

1.

(1) If the notice given and the documents furnished under section
253 or section 254 do not supply all the information which the Commissioner
deems  necessary  to  enable  him  to  deal  satisfactorily  with  the  case,  the
Commissioner may, at anytime within thirty days after receipt of the said
documents,  by  written  notice,  require  the  production  of  such  further
particulars and details as he deems necessary.

Additional
information
and the
attendance of
the person
who gave the
notice may be
required.

(2) At any time within the said period the Commissioner may also by
written  notice  require  the  person  who  has  given  the  notice  to  open  for
inspection any portion or portions of the intended foundations or any portion
of the intended foundations or walls of an existing building.

Forms of Notices.

2. The  Commissioner  shall  cause  printed  forms  of  notices  for  the
purpose of section 253 or 254 to be delivered to any person requiring the same
on payment of such fee for each form as shall from time to time be prescribed
in  this  behalf  by  the  Commissioner  with  the  approval  of  the  Standing
Committee.

Printed forms
of notices to
be supplied to
the public.

3.

If within thirty days after receipt of any notice under section 253 or
254, or further information, if any, called for under rule 1, the Commissioner
does not issue an order under sub-rule (1) or sub-rule (2) of rule 5 or fails to
intimate in writing to the person who has given the said notice his disapproval
of the building which the said person proposes to erect, or of the work which
he proposes to execute ;

When
building or
work may be
proceeded
with.

or if, within the said period, the Commissioner signifies in writing to the

said person his approval of the said building or work ;

the said person may, subject to the provisions of sub-rules (3) and (4) of
rule 5, at any time within one year from the date of the delivery of the notice
to the Commissioner, proceed with the said building or work in accordance
with  his  intention  as  described  in  the  notice  or  in  any  of  the  documents
aforesaid, but not so as to contravene any of the provisions of this Act or any
rule or by-law.

4.

(1) If the Commissioner disapproves of any building or  work of which
notice has been given as aforesaid or of any portion or detail thereof, by reason
that the same will contravene some provision of this Act or some rule or by-
law or will be unsafe, he shall within thirty days of the receipt of the notice
or of the plan, section, description or further information, if any, called for
under rule 1 by a written notice intimate to the person who gave the notice
first hereinbefore in this rule mentioned, his said disapproval and the reason
for the same and prescribe terms subject to which the building or work may
be proceeded with, or intimate that the works shall not be proceeded with.

Building or
work which is
disapproved
by the
Commissioner
may be
proceeded
with subject
to terms or
shall not be
proceeded
with.

H 610—48

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(2) The person who gave the notice concerning any such building or work
may proceed with the same, if expressly permitted to do so, subject to the
terms prescribed as aforesaid but not otherwise, at any time within one year
from  the  date  of  receipt  by  him  under  sub-rule  (1)  of  the  written  notice
containing  express  permission  to  do  so  in  this  behalf,  but  not  so    as  to
contravene any of the provisions of this Act or any rule or by-law.

Power to the
Commissioner
to withhold
disposal  of
plans in
certain
circumstances.

5.

(1) Notwithstanding anything contained in rules 3 and 4, if in any
case it appears to the Commissioner that public improvements, which may
render necessary the acquisition of the site of any building or work or any
part of such site, are desirable and expedient, he may by order in writing
direct that no further action should be taken in pursuance of a notice given
under section 253 or section 254 for a period not exceeding three months from
the date of such notice.

(2) The Commissioner may issue a like order if in any case it appears to
him that any site as aforesaid is likely to be affected by any one of the following,
namely :—

(a) prescribing a regular line of a public street ;

(b) prescribing a fresh line in substitution of the existing regular

line of a public street ;

(c) extending or altering a public street ;

(d) any scheme for widening or modifying a private street.

(3) If, within the said period of three months, the public improvements
referred to in sub-rule (1) or any of the matters referred to in sub-rule (2) have
been given final effect so as to have the result referred to in sub-rule (1) or
sub-rule (2), the notice given under section 253 or section 254 shall be deemed
to have lapsed.

(4) In any case not covered by sub-rule (3), the notice given under section
253 or section 254 shall be deemed to have been renewed as on the date on
which the period of three months mentioned in sub-rule (1) expired.

6.

(1) No person shall commence to erect a new building or to execute

any such work as is described in section 254,—

(a)  until  he  has  given  notice  of  his  intention,  as  hereinbefore
required,  to  erect  such  a  building  or  execute  such  work  and  the
Commissioner has either intimated his approval of such building or work
or failed to intimate his approval thereof within the period prescribed
in this behalf in rule 3 or 4 :

Provided that the provisions of rule 5 shall be taken into account in

computing such period ;

(b) until he has given notice to the City Engineer of the proposed

date of commencement :

Provided that if the commencement does not take place within seven clear
days of the date so notified, the notice shall be deemed not to have been given ;

(c) until  he  has  made  such  sanitary  arrangements  as  the

Commissioner may require for the workmen employed on the work ;

When work
may be
commenced.

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357

(d) after the expiry of the period of one year prescribed in rules 3
and 4 respectively for proceeding with the same, or after the expiry of
the period of one year from the date of the suspension or stoppage of such
work when it is once commenced.

(2) If the person who is entitled under rule 3 or 4 to proceed with any
building or work, fails so to do within the period of one year prescribed in
the said rules, respectively, for proceeding with the same, he may at any
subsequent time give fresh notice of his intention to erect such building or
execute such work; and thereupon the provisions hereinbefore contained
shall apply as if such fresh notice were a first notice of such person's intention.

Provisions as to structure, materials, etc.

7. With respect to buildings which are to be newly erected the following
provisions in addition to the provisions of the by-laws for the time being in
force shall have effect, namely :—

Provisions as
to buildings
which are to
be newly
erected.

(a) the erection of any such building on either side of a new street
may be disapproved by the Commissioner, unless and until such new
street has been levelled, metalled or paved, sewered and drained to the
satisfaction of the Commissioner ;

(b) the erection of any such building in any part of the City in which
the position and the direction of the streets likely to be required in future
have not yet been laid down or determined or in which it is deemed
expedient to lay out a public street under section 205, shall, with the
assent of the Standing Committee, be disapproved by the Commissioner,
unless  the  site  proposed  for  such  building  is,  in  the  opinion  of  the
Commissioner, such as, with reference to the positions occupied by the
buildings, if any, already existing in the neighbourhood, will admit of the
construction in the future of one or more new streets convenient for the
occupiers of all the buildings in the neighbourhood and for the purposes
of drainage, water-supply and ventilation :

Provided  that  any  person  whose  building  is  so  disapproved  may,  by
written notice to the Commissioner, require that the position and direction
of the future street or of the proposed public street under section 205 in the
vicinity of his intended building be forthwith laid down and determined and
if such requisition be not complied with within six months from the date
thereof, may, subject to all other provisions of this Act and the rules applicable
thereto, proceed with the erection of the building ;

(c) the erection of any such building in any part of the City may be
disapproved by the Commissioner if such building or any portion thereof
comes within the line of any street the position and direction of which
has  been  laid  down  by  the  Commissioner,  with  the  approval  of  the
Standing Committee, but which has not been actually constructed, or
within the regular line of a new public street or of the extention of an
existing public street which the Commissioner has been authorised to
lay out under section 205 ;

H 610—48a

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Provisions of
sufficient
means of
egress.

Inspection
and
occupation of
buildings
after
completion.

(d) the foundation of any such building shall not be constructed on
any site which has been filled up with, or has been used as a place for
depositing, excrementitious matter or the carcasses of dead animals or
other filthy or offensive matter, until such matter shall have been properly
removed or rendered innocuous to the satisfaction of the Commissioner;

(e) the  sub-soil  of  the  site  of  a  building  shall,  whenever  the
dampness or position of the site renders the precaution necessary, be
effectually drained and the Commissioner may require such measures
to be taken as will effectually protect the building from damp arising
from the sub-soil.

8.

(1) Where the Commissioner is of opinion that the means of egress
from any building are insufficient to allow of safe exit in the event of fire, or
are by any cause rendered inadequate he may, by written notice, require the
owner or occupier of the building to alter or reconstruct any existing staircase,
lobby, passage, or landing in such manner and with such materials or to
provide such additional or emergency staircase or exits as he may prescribe.

(2) Every staircase, landing or common passage of every building on each
floor shall be kept free from obstruction, and no person shall permit any article
to remain in any staircase, landing or common passage of any building in such
a manner as may impede the passage of persons into, through and out of the
said building.

(3) The existence of any article in any such staircase, landing or a common
passage in any building shall be prima facie evidence that it was placed or
permitted to remain therein by the owner or occupier of the building.

Inspection and occupation of buildings after completion.

9. For the purposes of section 263—

(a) inspection shall be commenced within seven days from the date

of receipt of the notice of completion, and

(b) the  Commissioner  may,  within  seven  days  from  the  date  of
commencement of such inspection, by written intimation addressed to
the  person  from  whom  the  notice  of  completion  was  received,  and
delivered at his address as stated in such notice, or in the absence of such
address, affixed to a conspicuous part of the building to which such notice
relates :—

(i) give permission for the occupation of such building or for the

use of the building or part thereof affected by such work, or

(ii)  refuse  such  permission  in  case  such  building  has  been
erected or such work executed so as to contravene any provisions
of this Act or of the rules or by-laws, or

(iii) refuse such permission until a private street or other means
of access to such building fixed and determined under section 220
has been properly constructed and approved by the Commissioner,

(iv) refuse such permission unless the site of the building, or
adjacent sites, as the case may be, are properly cleansed by the
removal of all surplus building materials, debris, earth, rubbish and
the tools used for building purposes.

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Building not
to be
converted to
other
purposes
without
permission of
Commissioner.

10. No  person  shall,  without  the  written  permission  of  the
Commissioner  or  otherwise  than  in  conformity  with  the  terms  of  such
permission—

(a) use or permit to be used for human habitation any part of building

not originally constructed or authorised to be used for that purpose ;

(b) convert into, or use, or permit to be used, as a chawl or building
intended to form a range of separate rooms for lodgers, a building not
originally designed or authorised to be so used ;

(c) use  or  permit  to  be  used  any  building  or  part  of  a  building
originally constructed or authorised to be used for human habitation as
a godown, warehouse, workshop, factory, stable, motor-garage, shop,
stall, market or bazaar ;

(d) make any alteration or cause any alteration to be made in an
existing  building  originally  constructed  or  authorised  to  be  used  for
human habitation for the purposes of using it or causing it to be used as
a  godown,  warehouse,  workshop,  workplace,  factory,  stable,  motor-
garage, shop, stall, market or bazaar ;

(e) use or permit to be used as a godown, warehouse, workshop,
workplace, factory, stable, motor-garage, shop, stall, market or bazaar
any building or part of a building not orginally constructed or authorised
to be used for any such purpose respectively.

Explanation.— “Chawl” shall mean a building consisting of two or more
tenements having common sanitary and other amenities. If any question arises
whether any building is a chawl, the decision of the Commissioner shall be
final.

11. No person shall make any alteration whatsoever in an existing
building if the result of such alteration is that the requirements of this Act or
of the rules or by-laws are contravened, notwithstanding that such alteration
in itself does not require the permission or sanction of any authority under
this Act.

12.

(1) No external wall and no covering of a roof built or renewed since
the  appointed  day  shall,  except  with  the  written  permission  of  the
Commissioner, consist of wood, cloth, canvas, grass, leaves, mats or any other
inflammable material.

Alteration in
buildings
causing
infringement
of any rule or
by-law not to
be carried out.

Roofs and
external walls
of buildings
not to be of
inflammable
materials.

(2) If any external wall or covering of a roof is or has been, before the
appointed day constructed of any such material, the Commissioner may, by
written notice, require the owner or occupier of the building to which such
wall or roof appertains to remove such wall or covering.

(3) Where permission is given under sub-rule (1) or where any wall or
roof is not required to be removed under sub-rule (2) the Commissioner may
by order in writing require such precautions to be taken as he may specify
against danger from fire.

13. Where any staircase, passage or private court of or in a building
divided into two or more separate tenements or the spaces near or leading
to latrines or urinals or washing places therein are without any means of
lighting at night time and of extinguishing such light or if the Commissioner

Staircases,
etc., to be
lighted at
night.

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is of opinion that the existing means of lighting a staircase, passage or private
court of or in any such building or the spaces near or leading to latrines or
urinals or washing places therein available for the persons occupying or
employed in such building or the means of extinguishing any such light are
insufficient the Commissioner may, by written notice, require the owner of
such building,—

(a) to provide, fit up and maintain such or such additional means of
lighting the staircase, passage or private court or the spaces near or
leading to latrines or urinals or washing places as he may prescribe and
keep them lighted until such time as he may specify in the notice ;

(b) to  provide  the  necessary  lamps,  brackets  and  the  necessary
supply of gas, electricity or any other means of lighting and all means of
extinguishing any lights, which he is required to provide ;

(c) to substitute for any existing means of lighting and extinguishing
lights such other means of lighting or extinguishing lights, as he may
prescribe.

Inspection of
buildings by
day or by
night.

14. Any municipal officer or servant authorised by the Commissioner
in  this  behalf  may  at  any  time  between  sunrise  and  sunset  or  upto
10  p.m.  by  night  without  notice  enter  any  building  for  the  purpose  of
ascertaining whether there is any contravention of the terms of any notice
given under rule 13.

Power of
Commissioner
to make
advances for
the purposes
of increasing
housing
accommodation.

Building Loans.

15.

(1) Subject to the provisions of this Act, the Commissioner may, with
the previous sanction of the Standing Committee, advance loans to persons
or bodies of persons—

(a) constructing or altering or undertaking to construct or alter

buildings intended for the poorer sections of the community ;

(b) carrying out or undertaking to carry out repairs to such buildings
in cases where the Commissioner considers that, having regard to the
cost  of  those  repairs  or  the  financial  position  of  the  applicant,  it  is
reasonable to give such assistance.

(2) Persons  or  bodies  of  persons  desiring  assistance  by  way  of  such
advances may make an application to the Commissioner in such form as may
be prescribed for a loan to be advanced by way of a mortgage on the security
of the building to be so constructed, altered or repaired, and the Commissioner
may after making such inquiry as he thinks necessary, and subject to the
conditions  mentioned  in  sub-rule  (3)  and  such  other  conditions  as  the
Corporation may prescribe advance such loan.

(3) Every  such  loan  shall  be  subject  to  the  following  among  other

conditions :—

(a) that the building in respect of which the loan is to be advanced
will when the construction, alteration or repair has been completed be
in all respects fit for human habitation and shall be used wholly or mainly
for residential purposes ;

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(b) that the period within which the loan shall be repayable shall
not  exceed  thirty  years  from  the  date  of  the  completion  of  the
construction, alteration or repair of the building;

(c) that the amount of the loan shall not exceed sixty per cent. of
the cost of the construction, alteration or repair of the building (including
outhouses and other works, if any, connected therewith) irrespective of
the period of repayment;

(d) that  the  aggregate  amount  of  the  loan  shall  not  exceed  ten

thousand rupees in the case of any one person or body of persons ;

(e) that the amount of the loan with interest thereon shall be secured
by a mortgage of the building (including outhouses and other works, if
any,  connected  therewith)  together  with  the  site  on  which  they  are
created  in  favour  of  the  Corporation  containing  such  covenants  and
conditions as may be prescribed ;

(f) that, where the property intended to be mortgaged includes a
leasehold interest, no loan shall be made unless that interest is a term
of years absolute where of a period of not less than ten years in excess of
the period for repayment of the loan remains unexpired at the date of
the loan.

CHAPTER XIII.

POWERS OF FIRE-BRIGADE OFFICERS.

On the occasion of a fire the Chief or any other officer in charge of the

fire-brigade may do all or any of the following acts :—

(a) remove, or order any fireman or other officer or person under
his command to remove any persons who interfere by their presence with
the operations of the fire-brigade ;

(b) take generally any measures that appears expedient for the
protection of life and property, with power, by himself or by the persons
under his command, to break into or through or take possession of, or
pull down any premises for the purpose of putting an end to or limiting
the spread of such fire, doing as little damage as possible ;

(c) cause the water to be shut off from the mains and pipes of any
area in order to give a greater supply and pressure of water in the area
in which the fire has occurred and utilize the water of any stream, tank,
cistern, well or tank available for the purpose of extinguishing or limiting
the spread of such fire ;

(d) close any street or passage in or near the site of the fire ;

(e) give orders for the rendering of such assistance as he may deem

advisable by the person in charge of any fire-engine ;

(f) use any premises for the passage of any hose or other appliance;

(g) take  generally  any  measures  that  may  appear  necessary  or

expedient for the protection of life or property.

Powers of fire-
brigade
officers at a
fire.

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CHAPTER XIV.

SANITARY PROVISIONS.

Scavenging and Cleansing.

Duty of
owners and
occupiers to
collect and
deposit dust,
etc.

1.

(1) It shall be incumbent on the owners and occupiers of all premises
to cause all dust, ashes, refuse, rubbish and trade refuse to be collected from
their respective premises and to be deposited at such times in such manner
and with such precautions as the Commissioner, by public notice, from time to
time determines in the public receptacle, depot or place provided or appointed
under section 292 for the temporary deposit or final disposal thereof:

Provided that the Commissioner may, if he thinks fit, by written notice
require the occupier and owner of any premises or either of them to cause all
dust, ashes, refuse and rubbish, but not trade refuse, to be collected daily, or
otherwise periodically from the said premises and deposited temporarily
upon any place forming the part of the said premises which the Commissioner
appoints in this behalf, and it shall be incumbent on the said occupier and
owner or either of them to cause the said matters to be collected and deposited
accordingly.

(2) It  shall  be  incumbent  on  the  owners  of  all  premises  to  provide
receptacles of a size and material to be prescribed by the Commissioner in
such number and retained in such positions as the Commissioner may from
time to time by written notice direct for the collection therein of all dust,
ashes, refuse, rubbish and trade refuse to be collected from such premises
and to keep such receptacles at all times in good repair and condition.

(3) It shall also be incumbent on the owners and occupiers or either of
them of all premises, when required by the Commissioner by written notice
so to do, to employ servants for the purpose of carrying out and complying
with the requirments of sub-rule (1).

2.

It shall be incumbent on the occupier of any premises situate in any
portion of the city for which the Commissioner has not given a public notice
under clasue (a) of sub-section (1) of section 131 and in which there is not a
water-closet  or  privy  connected  with  a  municipal  drain,  to  cause  all
excrementitious and polluted matter accumulating upon his premises to be
collected and to be conveyed to the nearest receptacle or depot provided for
this purpose, under clause (d) of section 292, at such times, in such vehicle or
vessel, by such route and with such precautions, as the Commissioner by public
notice from time to time specifies.

3. No person—

(a) who is bound under rule 1 or rule 2, to cause the removal of dust,
ashes, refuse, rubbish and trade refuse or of excrementitious or polluted
matter, shall allow the same to accumulate on his premises for more than
twenty-four hours or shall keep the same otherwise than in a proper
receptacle  or  neglect  to  cause  the  same  to  be  removed  to  the  depot,
receptacle or place provided or appointed for the purpose ;

Collection and
removal of
excrementitious
and polluted
matter when
to be provided
for by
occupiers.

Prohibition of
failure to
remove refuse,
etc., when
bound to do
so.

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(b) shall remove any dust, ashes, refuse, rubbish or trade refuse or
any excrementitious or polluted matter, otherwise than in conformity
with the requirements of any public or written notice for the time being
in force under rule 1 or use for the removal of any excrementitious or
polluted matter any vehicle or vessel not having a covering proper for
preventing the escape of any portion of the contents thereof or of the
stench therefrom ;

(c) shall, whilst engaged in the removal of any dust, ashes, refuse,
rubbish or trade refuse, or of any excrementitious or polluted matter,
fail forthwith thoroughly to sweep and cleanse the spot in any street upon
which,  during  removal,  any  portion  thereof  may  fall  and  entirely  to
remove the sweepings;

(d) shall place or set down in any street any vehicle or vessel for
the removal of excrementitious or polluted matter or suffer the same to
remain in any street for any greater length of time than is reasonably
necessary;

(e) shall throw or place any dust, ashes, refuse, rubbish or trade
refuse or any excrementitious or polluted matter, on any street, or in
any place not provided or appointed for this purpose under section 292
or rule 1;

(f) who is the owner or occupier of any building or land, shall allow
any filthy matter to flow, soak or be thrown therefrom, or keep or suffer
to be kept therein or thereupon, anything so as to be a nuisance to any
person, or negligently suffer any privy-receptacle or other receptacle or
place for the deposit of filthy matter or rubbish on his premises to be in
such a state as to be offensive or injurious to health.

Presumption
as to offender
under
1[clause(e)] of
rule 3.

Removal of
rubbish and
filth
accumulating
in large
quantities on
premises.

4.

If it shall in any case be shown that dust, ashes, refuse, rubbish or
trade refuse or any excrementitious or polluted matter, has or have been
thrown or placed on any street or place, in contravention of  1[clause (e)] of
rule 3 from some building or land, it shall be presumed, until the contrary is
proved, that the said offence has been committed by the occupier of the said
building or land.

5.

(1) If any person who is bound under rule 1 to cause the collection
and deposit of dust, ashes, refuse, rubbish and trade refuse or under rule 2 to
cause the collection and removal of excrementitious and polluted matter shall
allow the same to accumulate on his premises for more than twenty-four hours
or shall keep the same otherwise than in a proper receptacle or shall neglect
to cause the same to be removed to the receptacle, depot, or place provided
or appointed for the purpose, the Commissioner, may, in addition to the
institution of any proceeding provided for in this Act, by written notice require
such person to collect forthwith all such dust, ashes, refuse, rubbish and trade
refuse or excrementitious or polluted matter accumulated thereon and remove
the same forthwith in the manner and to the place provided by or under this
Act.

(2) If such person shall fail to comply with the notice given under sub-
rule (1), the Commissioner may cause the dust, ashes, refuse, rubbish, and
trade refuse or excrementitious or polluted matter, accumulated in such

1 The word, brackets and letter were substituted for the word, brackets and letter “ clause (c) ”

H 610—49

by Bom. 39 of 1951, s. 3, Second Schedule.

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    [1949 : LIX

premises to be removed and such charge as the Commissioner may, with the
sanction of the Standing Committee, fix, shall be paid by such person towards
the cost of removal.

Contract with
owner or
occupier for
removal of
rubbish or
filth.

6. The Commissioner may contract with the owner or occupier of any
premises to remove rubbish or filth from such premises on such terms as to
time and period of removal and other matters as may seem suitable to the
Commissioner, and on payment of fees at such rate as the Corporation may
determine.

Removal of
building
materials
from any
premises
may be
required.

Measures
against  rats
etc., may be
required in
respect of
premises used
for storage of
goods.

Abandoned or
unoccupied
premises.

Neglected
premises or
private
streets.

Inspection and Sanitary Regulation of Premises.

7.

If it shall appear to the Commissioner that any tiles, stones, rafters,
building materials, or debris of building materials are stored or collected in
or upon any premises without the written permission of the Commissioner,
in such quantity or bulk or in such a way as to constitute a harbourage or
breeding place for rats or other vermin or otherwise a source of danger or
nuisance to the occupiers of the said premises or to persons residing in the
neighbourhood thereof, the Commissioner may, by written notice, require the
owner of such premises, or the owner of the materials or debris so stored or
collected therein, to remove or dispose of the same or to take such order with
the  same,  as  shall  in  the  opinion  of  the  Commissioner  be  necessary  or
expedient to abate the nuisance or prevent a recurrence thereof.

8. Where it appears to the Commissioner that any building or part
thereof used for the storage of goods is used in such manner as to afford
harbourage to rats, mice, or other animals susceptible to plague or other
vermin, he may require the owner or occupier by written notice to take such
steps for the destruction of the rats, mice, or other animals or other vermin
as are specified in the notice or to carry out such works as will render the
walls and floors of such building or part of a building proof against such
infestation.

9.

If any premises, by reason of abandonment or disputed ownership
or any other reason, remain untenanted or unoccupied and thereby become a
resort of disorderly persons or, in the opinion of the Commissioner, a nuisance,
the Commissioner, after such inquiry as he deems necessary, may give written
notice to the owner of such premises, if he be known and resident within the
City, or to any person who is known or believed to claim to be the owner, if
such person is resident within the City, and shall also affix a copy of the said
notice on some conspicuous part of the said premises, requiring all persons
having any right or property or interest therein to take such order with the
said premises as shall in the opinion of the Commissioner be necessary to
prevent the same from being resorted to as aforesaid or from continuing to
be a nuisance.

10.

(1) If it shall appear to the Commissioner that any premises are
overgrown  with  rank  and  noisome  vegetation  or  trees  or  undergrowth
injurious to health or offensive to neighbouring inhabitants or are otherwise
in an unwholesome or filthy condition or, by reason of their not being properly
enclosed, are resorted to by the public for purposes of nature, or are otherwise
a nuisance to the neighbouring inhabitants, the Commissioner may, by written
notice, require the owner or occupier of such premises to cleanse, clear or
enclose the same, or, with the approval of the Standing Committee, may
require him to take such other order with the same as the Commissioner
thinks necessary.

(2) If it shall appear to the Commissioner that any private street is
overgrown  with  rank  and  noisome  vegetation  or  is  otherwise  in  an
unwholesome or filthy condition, the Commissioner may by written notice

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require the owners of the several premises fronting or adjoining the said street
or abutting thereon to cleanse or clear the same, or with the approval of the
Standing Committee require them to take such other order with the same as
the Commissioner may think necessary :

Provided that nothing herein contained shall affect the provisions of

section 290.

(3) In so far as the unwholesome or filthy condition of such premises or
such street or such nuisance as abovementioned is caused by the discharge
from  or  by  any  defect  in  the  municipal  drains  or  appliances  connected
therewith,  it  shall  be  incumbent  on  the  Commissioner  to  cleanse  such
premises or such street.

11.

(1) If it shall appear to the Commissioner that any building or any
part of a building is in such a state as to constitute a nuisance or to be likely
to give rise to one by reason of rain water leaking from its roof or any part of
its roof, or by reason of dampness rising through its ground floor surface or
through its walls, the Commissioner may, by notice in writing, require the
owner of such buildings to abate the nuisance or to prevent its recurrence
within the time and by taking the measures and doing the acts to be specified
in the notice.

Nuisance
arising from
defective roof
or from
dampness
rising through
ground floor
surface or
through walls.

(2) If at any time thereafter the Commissioner is of opinion that such a
nuisance may recur he may, notwithstanding that the original nuisance may
have been abated by the owner of the building under sub-rule (1), give a
further notice in writing to the said owner requiring him to abate the probable
recurrence of the nuisance within the time and in the manner specified in
the notice.

(3) If the owner of the building by whose act, default or sufferance such
nuisance  has  arisen  or  continues  is  unknown  or  cannot  be  found,  the
Commissioner may take such measures or cause such work to be executed or
such things to be done, as shall in his opinion be necessary to abate such
nuisance and to prevent its recurrence.

12.

(1) The owner of a building shall, within a period of seven days after
receipt of a written notice from the Commissioner, sign and give a certificate
of  the  following  particulars  with  respect  to  such  building  or  any  part
thereof :—

Power of
Commissioner
to call for
statement  of
accommodation.

(a) the total number of rooms in the building,

(b) the length, breadth and height of each room, and

(c) the name of the person to whom he has let the building or each

part of the building occupied as a separate tenement.

(2) The occupier of a building or of any part of a building occupied as a
separate tenement shall, on like notice, and within the like period, sign and
give a certificate of the following particulars with respect to such building or
part of such building as aforesaid which is in his occupation :—

(a) the total number of persons dwelling in the building or any part

of it,

(b) the manner of use of each room by day and by night, and

(c) the number, sex and age of the occupants of each room used for

sleeping.

H 610—49a

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Nuisance
caused by
smoke of
kitchens in
dwelling
houses.

13.

(1) If at any time it shall appear to the Commissioner that any
chimney of a kitchen in a dwelling house is in such a state as to constitute a
nuisance by reason of smoke emitted from it, the Commissioner may by notice
in writing require the owner of such building to abate the nuisance or to
prevent its recurrence within the time and by taking the measures and doing
acts to be specified in the notice.

Abatement  of
nuisance from
dust, smoke,
etc.

Filling in of
pools, etc.,
which are a
nuisance.

(2) If  at  any.time  it  shall  appear  to  the  Commissioner  that  in  any
dwelling house the smoke from the kitchen constitutes a nuisance for want
of provision of any chimney the Commissioner may by notice in writing require
the owner to take such measures and do such acts for abating the nuisance as
may be specified in the notice.

(3) If the owner of the building by whose act, default or sufferance such
nuisance  has  arisen  or  continues  is  unknown  or  cannot  be  found,  the
Commissioner may take such measures or cause such work to be executed or
such things to be done as shall in his opinion be necessary to abate such
nuisance and to prevent its recurrence.

14.

If  in  the  opinion  of  the  Commissioner  the  storage,  dumping  or
deposit in any building or land of coal, charcoal, ashes, cinders, gunny bags,
wool, cotton, or any material, or the shifting, breaking, cutting or burning of
such coal, charcoal, ashes, cinders or material or subjecting the same to any
process  causes  or  is  likely  to  cause  nuisance  to  the  inhabitants  in  the
neighbourhood of such building or land, by the emanation of dust, floating
particles, smoke, unwholesome smell or noise or otherwise, he may, by notice,
require the owner or occupier of such building or land to take such steps as
may be specified in the notice for the abatement of such nuisance.

15.

(1) For the purpose of this rule, a nuisance shall include—

(a) any pool, swamp, ditch, tank, well, pond, quarry-hole, drain,

water course or any collection of water ;

(b) any cistern or other receptacle for water or any article or thing
capable of collecting rain water during the monsoon season, whether
within or outside a building;

(c) any land on which water accumulates or is likely to accumulate ; or

(d) any  premises  or  any  part  of  any  premises  occupied,  or
unoccupied, or under construction, reconstruction, or demolition, which
in the opinion of the Commissioner is, or is likely to become, a breeding
place of mosquitoes or which is, in any other respect, a nuisance as defined
in clause (40) of section 2.

(2) The Commissioner may, by notice in writing, require the person by
whose act, default or sufference a nuisance arises, exists or continues, or is
likely to arise, and the owner, lessee and occupier of the land, building or
premises on which the nuisance arises, exists or continues or is likely to arise
or any one or more of such person, owner, lessee, and occupier, to remove,
discontinue or abate the nuisance by taking such measures and by executing
such work in such manner and within such period of time as the Commissioner
shall prescribe in such notice.

(3) The Commissioner may also by any notice under sub-rule (2) or by
another notice, served on such person, owner, lessee and occupier, or on any
one or more of them, require them, or any one or more of them, to take all

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steps requisite or necessary to prevent a recurrence of the nuisance and may,
if he thinks it desirable, specify any work to be executed or measures to be
carried  out  for  that  purpose  and  may  serve  any  such  further  notice
notwithstanding that the nuisance may have been abated or removed if he
considers that it is likely to recur :

Provided that if at any time within four months from the date of the
service of any such notice, the nuisance recurs through the failure of the
person or persons upon whom such notice has been served to comply with
the requirements contained in such notice, such person or persons shall be
liable without any further notice to the penalties provided for offences under
this rule.

(4) Where the nuisance arises or exists or is likely to arise or recur in
connection  with  the  construction,  reconstruction  or  demolition  of  any
premises, or any part of any premises, the Commissioner may, in addition to
serving any notice or any one or more of the persons mentioned in sub-rule
(2), serve any such notice on any architect, surveyor, contractor or other
person employed to carry out such work of construction, reconstruction or
demolition and also on any sub-contractor employed by such contractor or
other  person,  or  any  one  or  more  or  such  contractor,  person  and  sub-
contractor.

(5) The Commissioner may, by notice in writing, require, any person,
owner, lessee and occupier, or any one or more of them, to provide a ladder
or ladders (either fixed or moveable) for the purpose of inspection of roof
gutters by the municipal staff, if such gutters in any premises are likely to
become a breeding place of mosquitoes due to the accumulation of water.

(6) If  any  person  who,  by  a  requisition  made  under  sub-rule  (2)  or
sub-rule (3), is required to fill up, cover over or drain off a well, delivers to
the  Commissioner,  within  the  time  prescribed  for  compliance  therewith,
written objections to such requisition, the Commissioner shall report such
objections to the Standing Committee and shall make further inquiry into the
case, and he shall not institute any prosecution under section 481 for failure
to comply with such requisition except with the approval of the Standing
Committee, but the Commissioner may neverthless, if he deems the execution
of the work called for by such requisition to be of urgent importance, proceed
in  accordance  with  section  479  and,  pending  the  Standing  Committee's
disposal of the question whether the said well shall be permanently filled up,
covered over or otherwise dealt with, may cause such well to be securely
covered over so as to prevent the ingress of mosquitoes, and in every such
case the Commissioner shall determine, with the approval of the Standing
Committee, whether the expenses of any work already done as aforesaid shall
be paid by such person, or by the Commissioner out of the Municipal Fund or
shall be shared, and, if so, in what proportions.

16.

(1) No new well, tank, pond, cistern or fountain shall be dug or
constructed without the previous permission in writing of the Commissioner.

Permission
for new well
etc.

(2) If any such work is begun or completed without such permission, the

Commissioner may either,—

(a) by written notice require the owner or other person who has
done such work to fill up or demolish such work in such manner as the
Commissioner shall prescribe, or

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(b) grant  written  permission  to  retain  such  work,  but  such
permission  shall  not  exempt  such  owner  from  proceedings  for
contravening the provisions of sub-rule (1).

Precautions in
case of
dangerous
tanks, wells,
holes, etc.

17.

(1) If the Commissioner is of opinion that any tank, pond, well, hole,
stream, dam, bank or other place is, for want of sufficient repair, protection
or enclosure, dangerous to passerby, or to persons living in the neighbourhood,
he may by written notice require the owner to fill in, remove, repair, protect
or enclose the same so as to prevent any danger therefrom.

(2) If in the opinion of the Commissioner immediate action is necessary
he  may  himself,  before  giving  such  notice  or  before  the  period  of  notice
expires, take such temporary measures as he thinks fit to prevent danger and
the cost of doing so shall be paid by the owner.

Power to order
cleansing of
insanitary
private water
course, spring,
tank, well,
etc., used for
drinking.

18.

(1) The Commissioner may by written notice require the owner of
or person having control over, any private watercourse, spring, tank, well or
other place the water of which is used for drinking, bathing or washing clothes
to  keep  the  same  in  good  repair,  to  cleanse  it  in  such  manner  as  the
Commissioner may direct and to protect it from pollution caused by surface
drainage or other matter in such manner as may be provided in the notice.

(2) If the water of any private tank, well, or other place which is used
for drinking, bathing or washing clothes, as the case may be, is proved to the
satisfaction  of  the  Commissioner  to  be  unfit  for  that  purpose,  the
Commissioner may by notice require the owner or person having control
thereof to,—

(a) refrain from using or permitting the use of such water, or

(b) close or fill up such place or enclose it with a substantial wall or

fence.

19.

If it appears to the Commissioner that any public well or receptacle
of  stagnant  water  is  likely  to  be  injurious  to  health  or  offensive  to  the
neighbourhood, he shall cause the same to be cleansed, drained, or filled up.

20.

If, in the opinion of the Commissioner, the working of any quarry,
or the removal of stone, earth or other material from any place, is dangerous
to persons residing in or having lawful access to the neighbourhood thereof
or creates or is likely to create a nuisance, the Commissioner may, with the
approval of the Standing Committee, by written notice require the owner of
the said quarry or place to discontinue working the same or to discontinue
removing stone, earth or other material from such place, or to take such order
with such quarry or place as he shall deem necessary for the purpose of
preventing  danger  or  of  abating  the  nuisance  arising  or  likely  to  arise
therefrom.

21.

(1) If, in the opinion of the Commissioner,—

(a)  any  hedge  is  at  any  time  insufficiently  cut  or  trimmed,  or

overgrown with prickly-pear or other rank vegetation ;

(b) any tree or shrub has fallen or is likely to fall to the danger of
public safety or overhangs or obstructs any street or street light to the
inconvenience or danger of passengers therein ;

(c) any tree situated within any premises has fallen or if any such
tree or any branch or fruit thereof is likely to fall and is in any way

Duty of
Commissioner
in respect of
public well or
receptacle of
stagnant
water.

Dangerous
quarrying
may be
stopped.

Removal and
trimming of
trees, shrubs
and hedges.

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369

dangerous  to  any  person  occupying,  resorting  to  or  passing  by  such
premises or to any structure or place in the neighbourhood thereof; or

(d) any tree situated within any premises causes or is likely to cause
inconvenience or nuisance to any person occupying such premises or any
neighbouring premises,

the Commissioner may, by written notice, require the owner or occupier
of  the  land  on  which  such  hedge,  tree  or  shrub  is  or  has  been
growing :—

(i) to cut down such hedge to a height not exceeding four feet
and to a width not exceeding three feet, and to remove any such
prickly-pear or other rank vegetation therefrom ; or

(ii) to remove, cut, lop or trim such tree or shrub or remove the

fruit thereof, as the case may be.

(2) In  any  case  falling  under  clause  (b)  or  (c)  of  sub-rule  (1)  the
Commissioner may, if for the public safety it shall appear to him necessary
so to do, cause any tree or shrub to be removed, cut, lopped or trimmed or
cause any fruit thereof to be removed or cause a part of a street to be fenced
off or cause any other measures which he deems necessary to arrest the
danger to be taken without previously giving the said owner or occupier notice
as aforesaid, and the expenses thereof shall, neverthless, be paid by the owner
or occupier.

Keeping and Destruction of Animals.

22.

(1) No person shall,—

(a) without  the  written  permission  of  the  Commissioner  or
otherwise than in conformity with the terms of such permission keep or
allow to be kept in any part of the city any swine, horses, cattle, goats,
sheep, donkeys or such other four-footed animals as the Commissioner
may, from time to time, by public notice direct;

(b) feed any animal, or suffer or permit any animal, to be fed or to
feed, with or upon excrementitious matter, dung, stable refuse or other
filthy matter;

(c) keep any animal or bird on his premises so as to be a nuisance

or so as to be dangerous.

(2) The Commissioner may,—

(a) specify in the written permission the limit of the number of

animals to be kept on particular premises, or

(b) refuse to give or renew permission if he shall be of opinion that
the keeping of the animals on any premises is or is likely to be a nuisance
or danger to any person or objectionable on sanitary grounds.

(3) Any swine found straying may be forthwith destroyed and the carcass
thereof disposed of as the Commissioner shall direct, and no claim shall lie
for compensation for any swine so destroyed.

(4) The  Commissioner  shall  make  provision  for  affixing  marks  for
purpose of identification on animals in respect of which permission is granted
under sub-rule (1).

Prohibitions
as to keeping
animals.

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    [1949 : LIX

Tethering
animals in
excess of
permitted
number
prohibited.

Stabling
animals or
storing grain
in dwelling
house may be
prohibited.

23. No person shall tether any animal or cause or permit the same to
be tethered beyond the limit authorised by any permission granted under rule
22 or allow any animal to stray at any place in any part of the City.

24. Where a building or any portion thereof is used or intended to be
used for human habitation and any portion of such building is used for any of
the following purposes, namely :—

(a) for  keeping  any  horse,  cow,  buffalo,  bullock,  goat,  sheep  or

donkey, or

(b) as a godown or place for the storage, in connection with wholesale
trade; of grain, seed or groceries, the Commissioner may, if it shall appear
to him necessary for sanitary reasons to do so, by written notice require
the owner or occupier of such building to discontinue the use of such
building for any such purpose :

Provided that the Commissioner may permit such use subject to such

conditions as he may think fit to prescribe.

Regulation of Factories, Trades, etc.

New factories.

25.

(1) Every application for permission under section 313 shall be in
writing and shall give such information and be accompanied by such plans as
may be prescribed by by-laws.

(2) The Commissioner may, as soon as may be after the receipt of the

application,—

(a) grant the permission applied for either absolutely or subject to
such conditions as he thinks fit to impose, provided the location of such
factory, workshop, workplace or bakery is not contrary to any requirement
of this Act or any rule, by-law, regulation or standing order, or

(b) refuse to give such permission if he shall be of opinion that the
establishment of such factory, workshop, workplace or bakery in the
proposed  position  is  objectionable  by  reason  of  the  density  of  the
population in the neighbourhood thereof, or will be for any reason a
nuisance to the inhabitants of the neighbourhood.

(3) If  any  written  permission  for  the  establishment  of  a  factory,
workshop, workplace or bakery granted under sub-rule (2) be revoked by the
Commissioner in the exercise of his power under sub-section (3) of section
386, no person shall continue or resume the working or use of such factory,
workshop, workplace or bakery until such written permission is renewed or
a fresh written permission is granted by the Commissioner.

Furnaces used
in trade or
manufacture
to consume
their own
smoke.

26.

(1) The Commissioner may by public notice direct that every furnace
employed or to be employed for the purpose of any trade or manufacture shall
be so constructed, supplemented or altered as to consume its own smoke as
far as may be practicable.

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371

(2) No person shall after such direction,—

(a) use or permit to be used any furnace employed for the purpose
of  any  trade  or  manufacture,  which  does  not,  so  far  as  practicable,
consume its own smoke ; or

(b) so negligently use or permit to be used any such furnace as that

it shall not, as far as practicable, consume its own smoke.

(3) Nothing in this rule shall be deemed to apply to a locomotive engine
used for the purpose of traffic upon any railway or for the repair of streets.

(4) Any person who contravenes the provisions of this rule, whether he
be the owner or occupier of the premises in which the furnace is situated or
the agent or some person employed by the owner or occupier for managing
the same, shall be punished with fine which may extend, on a first conviction,
to one hundred rupees and, on a second or subsequent conviction, to a sum
amounting to double the amount of the fine imposed on the last preceding
conviction.

27.

(1) Whenever it shall appear to the Commissioner,—

(a) that any factory, work-shop or work-place, or any building or
place in which steam, water, electrical or mechanical power is employed
or any bakery is not kept in a cleanly state or is not ventilated in such a
manner as to render harmless, as far as practicable, any gas, vapour, soot,
dust or other impurity generated in the course of the work carried on
therein, which is a nuisance or is so overcrowded while work is carried
on as to be dangerous or injurious to the health of the persons employed
therein ; or

(b) that any engine, mill-gearing, hoist or other machinery therein
is so fixed or so insecurely fenced as to be dangerous to life or limb, the
Commissioner may, by written notice, require the owner of such factory,
work-shop, work-place or other building or place or bakery to take such
order for putting and maintaining the same in a cleanly state, or for
ventilating the same, or for preventing the same from being overcrowded
or for preventing danger to life or limb from any engine, mill-gearing,
hoist or other machinery therein, as he shall think fit.

Sanitary
regulation of
factories, etc.

(2) Nothing in this rule shall be deemed to affect any provision of the
Indian Boilers Act, 1923, and nothing in this section which relates to fixing
or fencing of any engine, mill-gearing, hoist or other machinery shall apply
to  any  factory  to  which  the  provisions  of  the  Factories  Act,  1948,  are
applicable.

28.

(1)  No  person  shall,  without  the  written  permission  of  the
Commissioner, use or employed in any factory or any other place, any whistle,
trumpet, siren or horn, worked by steam, compressed air, electricity or other
mechanical means for the purpose of summoning or dismissing workmen or
persons employed.

(2) The Commissiner may at any time revoke any permission which he
has given for the use of any such instrument as aforesaid, on giving one month's
notice to the person using the same :

Prohibition of
use of
steamwhistle
or stream
trumpet
without
permission of
the
Commissioner.

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Provided that nothing in sub-rule (2) shall be deemed to require one
month's notice to be given by the Commissioner, if he suspends or revokes
any such permission for any reason specified in sub-section (3) of section 386.

Commissioner
may issue
directions for
abatement  of
nuisance
caused by
steam or
other power.

29.

(1) If, in any factory, work-shop, work-place or any building or place
in which steam, water, electrical or mechanical power is used, nuisance is in
the opinion of the Commissioner caused by the particular kind of fuel used
or by the noise or vibration created, or in any other manner, he may issue
such directions as he thinks fit for the abatement of the nuisance within a
reasonable time to be specified for the purpose.

(2) If there has been wilful default in complying with such directions or

if abatement is found impracticable, the Commissioner may—

(a) prohibit the use of the particular kind of fuel; or

(b) prohibit  the  working  of  the  factory,  workshop  or  work-place
altogether until such directions have been carried out or between the
hours of 6 p.m. and 6 a.m. or during any particular time or times between
such hours.

Prohibition of Corruption of Water by Chemicals, etc.

Power of
inspection.

30.

(a) The Commissioner may, after giving not less than twenty-four
hours' previous notice in writing to the owner or to the person who has the
management or control of any works, pipes, or conduits connected with any
such manufacture or trade as is referred to in section 376, lay open and
examine the said works, pipes or conduits.

(b) If,  upon  such  examination,  it  appears  that  section  314  has  been
contravened by reason of anything contained in or proceeding from the said
works, pipes or conduits, the expenses of such laying open and examination,
and of any measure which the Commissioner shall, in his discretion, require
to be adopted for the discontinuance of the cause of such contravention, shall
be paid by the owner of the said works, pipes or conduits, or by the person
who has the management or control thereof or through whose neglect or fault
the said section has been contravened.

(c) If it appears that there has been no contravention of the said section,
the said expenses and compensation for any damage occasioned by the said
laying open and examination shall be paid by the Commissioner.

Power of
Commissioner
to require
owner or
occupier of
factory, etc., to
discontinue
the use of
such factory.

31. Whenever it shall appear to the Commissioner that any factory,
work-shop, work-place or any building or any place in which steam, water or
mechanical or electrical power is employed or any bakery is or is likely to
become by reason of the employment of such power or by noise or by any gas,
vapour, smoke, vibration, dust or other impurity generated in the course of
the work carried on in such place or by any other cause, a nuisance or danger
to the life, health or property of persons in the neighbourhood he may by
written  notice  require  the  owner  or  occupier  of  such  factory,  work-shop,
work-place, building or place or bakery to discontinue the use thereof for any
of the purposes that may be specified in such notice.

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32.

(1) The Commissioner may, by public notice, prohibit the washing
of clothes by washermen in the exercise of their calling, except at such places
as he shall appoint for this purpose.

(2) When any such prohibition has been made, neither the owner of the
premises shall permit the washing of clothes nor any person who is by calling
a washerman shall wash clothes at any place not appointed for this purpose
by the Commissioner, except for such person himself or for the owner or
occupier of such place.

(3) The Commissioner shall provide suitable places for the exercise by
washermen of their calling and may require payment of such fees for the use
of  any  such  place  as  shall  from  time  to  time  be  determined  by  the
Commissioner, with the approval of the Standing Committee.

Prevention of the spread of dangerous diseases.

33.

(1) In the event of any person within the City, other than an inpatient

in a public hospital, being attacked with a dangerous disease,—

(a) every  medical  practitioner  or  person  openly  and  usually
practising the medical profession, who in the course of such practice
becomes cognizant of the fact, and

(b) the occupier of the building in which the person so attacked may
be residing or, if the occupier is himself the person attacked, then every
adult member of the household, and

(c) every  person  in  charge  of  or  in  attendance  on  any  person  so

attacked,

shall, as soon as he becomes cognizant of the fact, forthwith report the
same, or cause a report thereof to be made to the Medical Officer of Health :

Provided that no person shall be bound to make such report or to cause

such report to be made, if such report has been so made.

(2) The owner or person in whose custody any animal may be which is
suffering from an infectious or contagious disease shall, as soon as he becomes
cognizant of the fact, report the same, or cause a report thereof to be made,
to the Medical Officer of Health :

Provided that no person shall be bound to make such report or so cause

such report to be made, if such report has been so made.

34.

(1) If it shall appear to the Commissioner that the water in any well,
tank or other place is likely to endanger or cause the spread of any dangerous
disease, he may, by public notice, prohibit the removal or use of the said water.

(2) No person shall remove or use any water in respect of which any such

public notice has been issued.

35.

(1) The Commissioner or any police officer empowered by him in
this behalf may, on a certificate signed by the Medical Officer of Health or by
any duly qualified medical practitioner, direct or cause the removal of any
person who is suffering from a dangerous disease and who is, in the opinion
of  such  Medical  Officer  of  Health  or  other  medical  practitioner,  without
proper lodging or accommodation, or is lodged in a building occupied by more
than one family, or whose circumstances are such that proper precautions to
prevent the spread of infection cannot be taken or that such precautions are
not being taken, to any hospital or place at which patients suffering from the
said disease are received for medical treatment.

Regulation of
washing of
clothes by
washermen
and provision
of washing
places.

Information
to be given of
the existance
of dangerous
disease.

Information
to be given of
animal
suffering from
a contagious
or infectious
disease.

Prohibition of
use for
drinking of
water likely to
cause
dangerous
disease.

Power to order
removal to
hospital.

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    [1949 : LIX

(2) The person, if any, who has charge of a person in respect of whom an

order is made under sub-rule (1) shall obey such order.

(3) No person who is removed to a hospital or place under sub-rule (1)
shall  leave,  or  be  removed  from,  such  hospital  or  place  except  with  the
permission of the officer in charge thereof.

Power to order
detention in
hospital of
infected
person
without
proper lodging
to return to.

36.

(1) Where a magistrate, not being magistrate of the third class, is
satisfied, on the application of the Medical Officer of Health that the inmate
of a public hospital who is suffering from a dangerous disease would not, on
leaving the hospital, be provided with lodging or accommodation in which
proper precautions could be taken to prevent the spread of the disease by
him, the magistrate may order him to be detained in the hospital at the cost
of the Corporation.

(2) An order made under sub-section (1) may direct detention for a period
specified in the order, but the magistrate may extend a period so specified as
often as it appears to him to be necessary so to do.

(3) Any person who leaves a hospital contrary to an order under sub-
rule (1)  may,  in  addition  to  any  penalty  which  may  be  imposed  for  such
contravention, be ordered by the Court to be taken back to the hospital.

(4) An order under this rule may be directed, in the case of an order for
a person's detention, to the officer in charge of the hospital and, in the case
of an order made under sub-rule (3), to the Medical officer of Health and the
officer in charge of the hospital or institution, and the Medical Officer of
Health may do or authorise, all acts necessary for giving effect to the order.

37.

If the Commissioner is of opinion that the cleansing or disinfecting
of a building, or of a part of a building or of any article therein likely to retain
infection, would tend to prevent or check the spread of any dangerous disease,
he may cause such building or part thereof or article therein to be cleansed
or disinfected at the charge of the Municipal Fund and may cause such building
to be vacated for such period as he deems necessary for such purpose :

Provided  that,  if  in  the  opinion  of  the  Commissioner,  the  owner  or
occupier is able effectually to carry out such cleansing or disinfection, the
Commissioner may cause the said building or part of the building or article
likely to retain infection to be cleansed or disinfected by and at the charge of
the owner or occupier thereof.

Disinfection of
buildings.

Place for
disinfection
may be
provided.

38.

(1)  The  Commissioner  may  provide  a  place,  with  all  necessary
apparatus and attendance, for the disinfection of clothing, bedding or other
articles which have become infected, and in his discretion may have articles
brought to such place for disinfection, disinfected on payment of such fees as
he shall from time to time fix, with the approval of the Standing Committee,
in this behalf or in any case in which he thinks fit, free of charge.

Also for
washing
infected
articles.

(2) The Commissioner may, from time to time, by public notice appoint
a place at which clothing, bedding or other articles which have been exposed
to infection from any dangerous disease may be washed ; and no person shall
wash  any  such  articles  at  any  place  not  so  appointed  without  having
previously disinfected the same.

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39.

(1) No person knowing that he is suffering from a dangerous disease
shall expose other persons to the risk of infection by his presence or conduct
in any street, public place, place of entertainment or assembly, school, club,
place of religious worship, hotel, inn, dharmashala, lodging house, eating
house, factory, shop, market or other place of public resort.

Exposure of
persons and
articles  liable
to convey
dangerous
disease
prohibited.

(2) No person having the care of a person whom he knows to be suffering
from a dangerous disease, shall cause or permit that person to expose other
persons to the risk of infection by his presence or conduct in any such place
as aforesaid.

(3) No person shall give, lend, sell, transmit or expose without previous
disinfection  any  clothing,  bedding  or  rags  which  he  knows  to  have  been
exposed to infection from any such disease, or any other articles which he
knows to have been so exposed and which is liable to carry such infection:

Provided that a person shall not incur any liability under this rule by
transmitting with proper precautions any article for the purpose of having it
disinfected.

(4) No person shall place or cause to be placed in a dustbin or other
receptacle for the deposit of refuse any matter which he knows to have been
exposed  to  infection  from  dangerous  disease  and  which  has  not  been
disinfected.

40. No person knowing that he is suffering from a dangerous disease
shall engage in or carry on any trade, business or occupation which he cannot
engage in or carry on without risk of spreading the disease.

Explanation.—For the purposes of this rule, making, carrying or offering
for sale or taking part in the business of making, carrying or offering for sale
any article of food or drink for human consumption and any other trade,
business or occupation which may from time to time be specified by public
notice  by  the  Medical  Officer  of  Health  shall  be  deemed  to  be  a  trade,
occupation or business in which a person suffering from a dangerous disease
cannot engage in or carry on without risk of spreading the disease.

Person
suffering from
dangerous
disease not to
carry on
occupation of
danger.

41. The Commissioner may provide and maintain a suitable conveyance
or  suitable  conveyances  for  the  free  carriage  of  persons  suffering  from  a
dangerous disease and, when such provision is made may by public notice
prohibit the conveyance of such persons in all or any public conveyances.

Conveyances
for persons
suffering from
a dangerous
disease.

42.

(1) No person who knows that he is suffering from a dangerous

disease shall,—

(a) enter any public conveyance used for the conveyance of persons

at separate fares ; or

(b) where no notice has been issued by the Commissioner under rule
41 enter any other public conveyance without previously notifying the
owner or driver thereof that he is so suffering.

(2) No person having the care of a person whom he knows to be suffering

from a dangerous disease shall permit that person to be carried,—

(a) in any public conveyance used for the conveyance of persons at

separate fares ; or

Provisions as
to use of
public
conveyance by
persons
suffering from
dangerous
disease.

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Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Duty of owner
etc., of public
conveyance in
regard to
cases of
dangerous
disease.

Provision as
to the letting
of houses or
rooms in hotel
after recent
case of
dangerous
disease.

(b) where no notice has been issued, by the Commissioner under
rule 41, in any other public conveyance without previously informing the
owner or driver thereof that person is so suffering.

(3) A person who contravenes any of the provisions of this rule shall, in
addition to any other penalty to which he may be subject, be ordered by the
Court to pay to any person concerned with the conveyance as owner, driver
or conductor thereof a sum sufficient to cover any loss and expense incurred
by him in connection with the disinfection of the conveyance.

43.

(1) The owner, driver or conductor of public conveyance used for
the conveyance of passengers at separate fares, shall not convey therein a
person whom he knows to be suffering from a dangerous disease.

(2) The owner or driver of any other public conveyance, notwithstanding
that no notice has been issued by the Commissioner under rule 41, may refuse
to convey therein any person suffering from a dangerous disease until he has
been paid a sum sufficient to cover any loss and expense which will be incurred
by him in connection with the disinfection of the conveyance.

(3) If a person suffering from a dangerous disease is conveyed in a public
conveyance, the person in charge thereof shall, as soon as practicable and
before  permitting  any  other  person  to  enter  the  conveyance,  cause  the
conveyance to be disinfected.

44.

(1) No person who,—

(a) is concerned in the letting of a house or part of a house, or in

showing house or part of a house with a view to its being let; or

(b) has recently cease to occupy a house or part of a house, shall if
questioned by any person negotiating for the hire of the house, or any
part thereof, as to whether there is, or has been within the preceding
six-weeks, in any part of the house a person suffering from a dangerous
disease, knowingly make a false answer to that question.

(2) No person shall let any house or part of a house in which a person
has to his knowledge been suffering from a dangerous disease without having
the house, and all articles therein liable to retain infection, disinfected to the
satisfaction  of  the  Medical  Officer  of  Health  or  of  some  other  registered
medical practitioner, as testified by a certificate signed  by him.

(3) No owner or manager of a hotel, lodging house, serai or dharmshala,
shall allow a room therein in which any person has to his knowledge been
suffering from a dangerous disease to be occupied by any other person before
the room and all articles therein liable to retain infection have been disinfected
to the satisfaction of the Medical Officer of Health or of some other registered
medical practitioner, as testified by a certificate signed by him.

Child liable to
convey
dangerous
disease may be
ordered not to
attend school.

45. A person having the care of a child who is, or who has been, suffering
from, or has been exposed to infection of, a dangerous disease, shall not, after
receiving notice from the Medical Officer of Health that the child is not to be
sent to school, permit the child to attend school, until he has obtained from

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

377

the Medical Officer of Health a certificate, for which no charge shall be made,
that  in  his  opinion  the  child  may  attend  school  without  undue  risk  of
communicating the disease to others.

46.

(1) A person shall not send or take to any washerman or to any
laundry or place set apart for the exercise by washermen of their calling or
to any public water-course, tank or well for the purposes of being washed, or
to any place for the purpose of being cleaned, any article which he knows to
have been exposed to infection from a dangerous disease unless that article
has been disinfected by, or to the satisfaction of, the Medical Officer of Health
or a registered medical practitioner or is sent with proper precautions to a
laundry for the purpose of disinfection, with notice that it has been exposed
to infection.

(2) The occupier of any building in which a person is suffering from a
dangerous disease shall, if required by the Medical Officer of Health, furnish
to him the address of any washerman to whom or any laundry or other place
to  which  articles  from  the  house  have  been,  or  will  be,  sent  during  the
continuance of the disease for the purpose of being washed or cleaned.

Infected
clothes not to
be sent to
laundry etc.

47.

(1) If a case of a dangerous disease occurs in any place then, whether
the person suffering from the disease has been removed from the place or
not, the Medical Officer of Health may make an order forbidding any work to
which this rule applies to be given out to any person living or working in that
place or in such part thereof as may be specified in the order, and any order
so made may be served on the occupier of any factory or other place from
which it is given out, or on any contractor employed by any such occupier.

Power to
prohibit home
work on
premises
where
dangerous
disease  exist.

(2) An  order  under  sub-rule  (1)  may  be  expressed  to  operate  for  a
specified time or until the place or any part thereof specified in the order
have been disinfected to the satisfaction of the Medical Officer of Health, or
may  be  expressed  to  be  inoperative  so  long  as  any  other  reasonable
precautions specified in the order are taken.

(3) This  rule  applies  to  the  making,  cleansing,  washing,  altering,
ornamenting,  finishing  or  repairing  of  wearing  apparel  and  any  work
incidental thereto, and to such other classes of work as may from time to time
by public notice be specified by the Commissioner.

48.

(1) A person who knows that he is suffering from a dangerous disease
shall not take any book, or cause any book to be taken for his use, or use any
book taken, from any public or circulating library.

Provisions as
to library
books.

(2) A person shall not permit any book which has been taken from a
public or circulating library, and is under his control, to be used by any person
whom he knows to be suffering from a dangerous disease.

(3) If a book taken from a public or circulating library is to the knowledge
of the person who  has so  taken it exposed to infection from a dangerous
disease, he shall not return the book to the library but shall give notice to the
person in charge thereof that it has been so exposed to infection.

(4) On receiving a notice under sub-rule (3) the person in charge of the
library shall cause the book to be disinfected and returned to the library or
shall cause it to be destroyed.

378

Person
ceasing to
occupy house
to disclose to
owner any
recent case of
dangerous
disease and to
disinfect.

Avoidance of
contact with
body of person
who suffered
from dangerous
disease.

Disposal of
dead bodies in
certain cases.

Restriction in
certain cases
on removal of
persons dying
in hospital.

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

49.

(1) Every person who ceases to occupy a house or part of a house in
which  to  his  knowledge  a  person  has  within  six  weeks  previously  been
suffering from dangerous disease shall—

(a) have the house, or the part of the house, and all articles therein
liable to retain infection disinfected to the satisfaction of the Medical
Officer  of  Health  or  some  other  registered  medical  practitioner,  as
testified by a certificate signed by him ;

(b) give to the owner of the house or the part of the house, notice of

the previous existence of the disease; and

(c) on  being  questioned  by  the  owner  as  to  whether  within  the
preceding six weeks there has been therein any person suffering from
any dangerous disease, give a true and correct answer to such question.

(2) The Medical Officer of Health shall give notice of the provisions of
this rule to the occupier and also to the owner of any house in which he is
aware that there is a person suffering from a dangerous disease.

50. Every person, having the charge or control of any place in which is
lying the body of a person who has died while suffering from a dangerous
disease shall take such steps as may be reasonably practicable to prevent
persons coming unnecessarily into contact with, or proximity to, the body.

51.

(1) No person shall, without the written sanction of the Medical
Officer of Health, retain in any place, other than a public mortuary, for more
than twelve hours the body of any person who has died while suffering from
a dangerous disease.

(2) If any such body, not being a body kept in a public mortuary, remains
undisposed of for more than twelve hours without sanction as aforesaid or if
the dead body of any person is retained in any building so as to endanger the
health of the inmates thereof or of an adjoining or neighbouring building, a
magistrate may, on the application of the Commissioner, order the body to
be removed and disposed of within a specified time and, on such order being
made, unless the relatives or friends of the deceased person undertake to,
and do, cause the body to be disposed of within the time specified in the order,
the  Commissioner  shall  cause  the  body  to  be  disposed  of.  Any  expenses
reasonably incurred by the Commissioner in so doing shall be paid by any
person legally liable to pay the expenses of the disposal of the body unless
the Commissioner waives recovery on the ground of poverty.

52.

(1) If any person dies in a hospital or other place appointed for the
accommodation of the sick, while suffering from a dangerous disease, and the
Medical  Officer  of  Health  or  some  other  registered  medical  practitioner
certifies that in his opinion it is desirable, in order to prevent the spread of
infection, that the body should not be removed from the hospital or place
except for the purpose of being taken direct to a mortuary or to a place set
apart for the disposal of the dead, it shall not be lawful for any person to remove
the body from the hospital or place except for such a purpose.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

379

(2) In such case as aforesaid, when the body is removed for the purpose
of disposal from the hospital or other place or any mortuary to which it has
been taken, it shall forthwith be taken direct to some place set apart for the
disposal of the dead and there disposed of.

Special measures to check outbreak of dangerous diseases.

53.

(1) The special measures to be taken and temporary regulations
to be made by the Commissioner under section 319 may include any of the
following matters, namely :—

Special
Measures.

(a) the evacuation of an infected building used as a dwelling or of
any part thereof by the person or persons residing whether habitually
or temporarily therein, provided sufficient accommodation for all persons
affected is available, or is proved elsewhere ;

(b) compulsory  vaccination  or  preventive  inoculation  of  persons

entering, residing in, or leaving specified areas ;

(c) the examination by a medical officer of persons and, if necessary,
the disinfection of the clothing, bedding or other articles suspected of
being  infected  belonging  to  persons  either  arriving  from  outside  a
specified area or residing in any building adjacent to any infected building
in that area, the recording of the addresses of such persons, and the daily
presentation of such persons for medical examination at a specified time
and place, for a period not exceeding ten days ;

(d) the  prohibition  either  generally,  or  by  special  order  in  any
individual case, of assemblages consisting of any number of persons
exceeding  fifty,  in  any  place,  whether  public  or  private,  or  in  any
circumstances; or for any purpose ;

(e) the closure for a period to be specified of any theatre, cinema-

house or other place of entertainment;

(f) the closure, by a written notice to the authorities in charge of a

school, of such school for such period as is specified in the notice ;

(g) restrictions on the movements of persons exposed to infection
from a dangerous disease or likely to infect other persons with any such
disease ;

(h) restrictions  on  the  export  from,  or  import  into,  or  transport
within a specified area of any goods or articles exposed to, and likely to
retain infection, from a dangerous disease or likely to infect persons with
any such disease, or the destruction of any such goods or articles ;

(i) the examination, unloading and disinfection, if necessary, at any
place within or outside the City, of any consignment of grain or other
foodstuffs, cotton or clothing exported from, or imported into, the City
by road or rail;

(j) closure  of  all  or  any  existing  markets  and  bazaars  and

appointment of special places where markets or bazaars may be held.

H 610—51

380

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

(2) When any regulation is in force, requiring compulsory vaccination
or inoculation, any person who, or child or in whose care, is sought to be
vaccinated or inoculated in pursuance of the regulation may declare before a
Magistrate exercising not less than second class powers that he believes that
such vaccination or inoculation will be injurious to his health or the health of
the child, as the case may be, and the magistrate may, after giving notice to
the Medical Officer of Health and after hearing any representation made by
him  or  on  his  behalf,  exempt  such  person  or  child  from  vaccination  or
inoculation on condition that the person aforesaid and the members of his
family submit to isolation of such description and for such period and to such
further restrictions, if any, as may be directed by the magistrate.

(3) The Commissioner may in his discretion give compensation to any
person who sustains substantial loss by the destruction of any property under
any provision of or any regulation made in accordance with this rule, but,
except as allowed by the Commissioner, no claim for compensation shall lie
for any loss or damge caused by the exercise of the powers specified therein.

CHAPTER XV.

MARKETS AND SLAUGHTER-HOUSES.

Provisions
regarding
approaches
and environs
of private
markets.

1.

(1) The Commissioner may,—

(a) define or determine the limits of any private market or declare
what  portion  of  such  market  shall  be  made  part  of  the  existing
approaches, streets, passages and ways to and in such market; and

(b) after hearing the owner or occupier of such market, by written

notice require such owner or occupier to,—

(i) lay out, construct, alter, clear, widen, pave, drain and light,
to the satisfaction of the Commissioner, such approaches, streets,
passages and ways to or in such market;

(ii) provide such conveniences for the use of persons resorting

to such market; and

(iii) provide adequate ventilation and lighting of the market-
building, or any portion thereof, including shops and stalls, as the
Commissioner may think fit.

(2) The Commissioner may, by written notice, require such owner or
occupier to maintain in proper order the approaches, streets, passages and
ways to and in such market and such other conveniences as are provided for
the use of persons resorting thereto.

2. The  Commissioner  may,  by  a  written  notice,  require  the  owner,

farmer or occupier of any private market or slaughter-house, to cause,—

(a) the whole or any portion of the floor of the market building,
market place or slaughter-house to be raised or paved with dressed stone
or other suitable material;

Provisions for
requiring
private
market
buildings and
slaughter-
houses to be
properly
paved and
drained.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

381

(b) such drains to be made in or from the market-building, market-
place or slaughter-house, of such material, size and description, at such
level and with such outfall, as to the Commissioner may appear necessary;

(c) a  supply  of  water  to  be  provided  for  keeping  such  market-
building, market-place or slaughter-house in a clean and wholesome
state ;

(d) any shop, stall, shed, standing or other structure, in any private
market to be altered or improved, in such manner as the Commissioner
may consider necessary;

(e) any  privy,  water-closet  or  urinal  or  any  other  sanitary
arrangement to be constructed or made at such site and in such manner
as the Commissioner may deem necessary and expedient; and

(f) any other measures to be taken necessary, in his opinion, in the

interest of public health or sanitation.

CHAPTER XVI.
TRANSPORT UNDERTAKINGS.
Fares and Charges.

1. A printed list of all the fares and charges levied for the time being in
such language or languages as the Corporation may from time to time specify
in this behalf shall be exhibited in a conspicuous place inside each vehicle
used by the Transport Undertaking for the conveyance of the public.

Exhibition of
list of fares
and charges.

2. The fares and charges shall be paid to such persons, at such places
upon or near the prescribed route of the transport service, and in such manner
and under such regulations, as the Transport Committee shall, by notice to
be annexed to the list of fares, prescribe.

CHAPTER XVII.

VITAL STATISTICS.

Forms of Certificate of Death.

For the purpose of section 369 the Commissioner shall provide printed
forms of the certificates of death and any duly qualified medical practitioner
resident  in  the  City  shall  be  supplied,  on  application,  with  such  forms
free of charge.

Forms to be
provided.

CHAPTER XVIII.

ARTICLES FOR KEEPING WHICH AND TRADES AND
OCCUPATION FOR WHICH LICENCES ARE NEEDED.

PART I.

Articles which shall not be kept without a licence
in or upon any premises.

Dynamite

Blasting powder

Fulminate of mercury

Gun-cotton

Nitro-glycerine

Phosphorous

H 610—51a

382

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

PART II.

Articles which shall not be kept without a licence, in or upon any premises

in quantities exceeding at any one time the maximum quantities hereunder set

opposite such article respectively :—

Articles.

Bidi leaves

Camphor

Celluloid

Celluloid goods

Cinematograph films

Copra

. .

. .

. .

. .

. .

. .

Cotton refuse and waste

Cotton seed

. .

Dry leaves (Patravli, etc.)

Gun powder

Matches for lighting

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

Methylated spirit and Denatured spirit

Paints

. .

. .

Maximum quantity

which may be kept

at any one time

without a licence.

4 cwts.

1/2 cwt.

4 cwts.

20 lbs.

4 cwts.

4 cwts.

12 cwts.

4 cwts.

5 lbs.

5 gross boxes.

10 gallons.

5 cwts.

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

Old paper (waste) including old newspapers,

periodicals, magazines, etc., kept for sale or for

4 cwts.

other than domestic use.

. .

. .

Petroleum as defined in the Petroleum Act, 1934.

10 gallons.

Oil (other sorts)

. .

. .

“ Oil-seeds ” other than Cotton seed

Sulphur

. .

. .

Tar, pitch, dammer or bitumen . .

Turpentine

Varnish

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

20 gallons.

1 ton.

1/2 cwt.

1/2 cwt.

10 gallons.

40 cwts.

 
1949 : LIX]

Maharashtra  Municipal  Corporations  Act

383

PART III.

Articles which shall not be kept without a licence for sale or for other than
domestic use in or upon any premises irrespective of the quantity kept at any
one time or in quantities exceeding at any one time the maximum quantities
hereunder set opposite such article respectively :—

 Articles.

Bamboos

Bones

Coconut fibre

Charcoal

Coal

Coke

Fat

Firewood

Fireworks

Fish (dried)

Grass (dry)

Gunny bags

Hair

Hay and fodder

Hemp

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

Hessian cloth (Gunny bag cloth)

Hides (dried)

Hides (raw)

Hoofs

Horns

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

Khokas or wooden boxes or barrels
. .

(manufacturing and storing)

Rags

Skins

Timber

Wood (raw)

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

Maximum quantity, if
any, which may be
kept at any one
time without a licence.

10 cwts.

10 cwts.

10 cwts.

3 cwts.

384

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

PART IV.

Trades or operations connected with trade which shall
not be carried on in or upon any premises without a licence.

Baking or preparing for human consumption (for other than domestic

use) bread, biscuits or other articles made of flour.

Casting metals.

Condiments manufacturing.

Dyeing cloth or yarn, in indigo or other colour.

Electro-plating.

Keeping of eating-houses.

Keeping of sweetmeat shops except in premises already licensed as an

eating-house.

Keeping of hair dressing saloons or barbers' shops.

Tanning, pressing or packing hides or skins whether raw or dried.

Manufacturing,  packing,  pressing,  cleaning,  cleansing,  melting  or

preparing by any process whatever any of the following articles :—

Aerated water.

Bones.

Bricks or tiles.

Catgut.

Cotton or cotton refuse or cotton seed.

Compressed coal.

Dammer.

Dynamite.

Fat.

Fireworks.

Ice, ice candies, ice fruit or ice cream.

Lime.

Matches for lighting.

Paper.

Rubber goods.

Snuff.

Soap.

Sugar, sugar candy.

Tar.

Vegetable oil.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

385

CHAPTER XIX.
PENALTIES.

1. Whoever,—

(a) contravenes any provision of any of the rules, sub-rules and
clauses  mentioned  in  the  first  column  of  the  following  table  or  any
regulation made thereunder ; or

(b) fails to comply with any requisition lawfully made upon him
under any of the said rules, sub-rules or clauses, shall be punished, for
each such offence, with fine which may extend to the amount mentioned
in that behalf in the second column of the said table.

Certain
offences
punishable
with fine.

Rule, sub-rule or clause

1,2(2), 5, 25
29(1), 29(2)

. .
. .

Chapter VIII.

. .
. .

. .
. .
Chapter IX.

2(3), 2(4), 4, 9(2), 11(1), 14(1), 15, 17(1),
18, 19(2), 19(3)
1(1), 2(1), 5(a), 6, 10, 17(2)
3, 7(1), 7(2), 8, 12, 13, 16, 19(1), 19(4)

. .
. .

. .

3(1), 6, 7, 11(2), 18(2)
2(2), 2(3), 8(1), 13, 14
2(1), 3(1), 18(1)

288(1) (e), 288(2)

12(1), 12(2), 12(3)
8(2), 13
8(1)
11
10
6(1)

. .
. .
. .

. .

. .
. .
. .
. .
. .
. .

. .
. .
. .
Chapter X.
. .
. .
. .
Chapter XI.
. .

. .
. .
. .

. .

Chapter XII.

. .
. .
. .
. .
. .
. .

. .
. .
. .
. .
. .
. .

Chapter XIV.

. .

. .

. .

1, 2, 13(1), 13(2), 32(2).
3, 5(1), 7, 10, 11(1), 11(2), 14, 17, 18(1),
21(1), 24, 28(1), 34(2), 41, 48(1), 48(2),
48(3), 48(4)
8, 18(2), 22(1), 23, 33(1), 35(2), 35(3), 36,
38(2), 39 (1), 39(2), 39(4), 40, 44, 45, 46(2),
. .
49(1), 42(1), 42(2), 50, 51(1)
. .
12, 15, 29(1), 34(2), 46(1), 52(1), 52(2)
. .
16(1), 16(2), 27(1), 47

. .

. .

. .

. .

. .

. .

20, 29(2), 31, 39(3), 43(1), 43(3), 44(2), 44(3)
25(3)

. .

. .

. .

Fine which may
be imposed.

Fifty rupees.
One hundred rupees.

Fifty rupees.
One hundred rupees.
Two hundred rupees.

Fifty rupees.
One hundred rupees.
Two hundred rupees.

Twenty rupees.

Ten rupees.
Fifty rupees.
One hundred rupees.
Two hundred rupees.
Five hundred rupees.
One thousand rupees.

Twenty rupees.

Fifty rupees.

One hundred rupees.
Two hundred rupees.
Two hundred and fifty
rupees.
Five hundred rupees.
One thousand rupees.

1(1) (b), 1(2), 2

. .

. .

. .

Two hundred rupees.

Chapter  XV.

386

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

Continuing
offences.

2. Whoever, after being convicted of,—

(a) contravening any provision of any of the rules, sub-rules and
clauses  mentioned  in  the  first  column  of  the  following  table  or  any
regulation made thereunder ; or

(b) failing to comply with any requisition lawfully made upon him
under any of the said sections, sub-sections, or clauses, continues to
contravene the said provisions or to neglect to comply with the said
requisition,  or  fails  to  remove  or  rectify  any  work  or  thing  done  in
contravention of the said provision, as the case may be, shall be punished,
for each day that he continues so to offend, with fine which may extend
to the amount mentioned in that behalf in the second column of the said
table.

Rule, sub-rule or clause.

Daily fine which
may be imposed.

Chapter IX.

2(3), 2(4), 4, 9(2), 11(1), 14(1), 15, 17(1)

. .

Five rupees.

1(1), 2(1), 3, 5(a), 6,10,17(2), 18, 19(2), 19(3)

Ten rupees.

12,13

7(1), 7(2), 19(1), 19(4)

7,11(2), 18(2)

6,8(1)

18(1)

288(1)(e), 288(2)(b)

12(2), 12(3)

8(2), 13

8(1)

6(1), 10

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

Chapter X.

. .

. .

. .

. .

. .

. .

ChapterXI.

Twenty rupees.

Fifty rupees.

Five rupees.

Ten rupees.

Fifty rupees.

. .

. .

Five rupees.

Chapter XII.

. .

. .

. .

. .

. .

. .

. .

. .

Chapter XIV.

7, 8, 13(1), 13(2), 21(1), 32(2)

. .

1, 2, 3, 5 (1), 8, 14,17,18(1), 28(1) . .

11(1), 11(2), 15, 22(1)

12, 16(2), 18(2), 23, 24

29(1), 40, 45, 47

20, 27(1), 29(2), 31

25(3)

2

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

Chapter XV.

. .

. .

. .

Fifty rupees.

Five rupees.

Ten rupees.

Twenty rupees.

One hundred rupees.

Five rupees.

Ten rupees.

Fifteen rupees.

Twenty rupees.

Fifty rupees.

One hundred rupees.

Five hundred rupees.

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

387

FORMS.

FORM A.

(See Chapter I, rule 9)

Nomination Paper

Name and number of the ward. . .

Name of candidate.

Father's Name,

Husband's

Age

Address

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

Ward in the election roll of which the
name of the candidate is included.

Number of the candidate in the
ward election roll

. .

. .

Community and caste (only to be filled
in by  1[member of a Scheduled Caste]
candidate  2[when election is for the
seat reserved for]  3[members of the
Scheduled Castes])

. .

. .

Name of the proposer

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

. .

Number of the proposer in the election
roll of the ward

. .

. .

. .

Signature of the proposer

Name of the seconder

. .

. .

. .

. .

. .

Number of the seconder in the election
roll of the ward

. .

. .

. .

Signature of the seconder

. .

. .

I hereby declare that I agree to this nomination.

Declaration by candidate.

Date

Serial No.

(Signature of candidate).

(To be filled in by the Commissioner.)

Certificate of Delivery.

This nomination paper was delivered to me at my office at (date and

hour).

(Signature of the Commissioner).

1. These words were substituted for the word “ Harijan ”  by Bom. 53 of 1959, s.2, Sch.
2. These words were substituted for the words “ when election includes seat reserved for ” by

Mah. 26 of 1967, s. 4(a).

3. These words were substituted for the word “ Harijans ” by Bom. 53 of 1959, s.2, Sch.

(G.C.P.) H 610—52 (4,765–1-2019)

388

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

FORM B.

(See Chapter I, rule 25)

FORM OF BALLOT PAPER.

Form of Front of Ballot Paper.

Counterfoil

Serial No.

Outerfoil

Front

Ward...............................

Name and Symbol of Candidate. Cross.

Name and number of polling

station ...............................

Number of elector on election

roll ....................................

Signature or thumb-impression

of elector ............................

Note.—It is considered important that the whole of the outerfoil of the

ballot paper should be taken up by the cage containing the names and
symbols of candidates and spaces for recording votes.

Back of Outerfoil.

1[1. You have one vote.]

Instructions.

2. The vote is to be shown by a cross mark (X). Each mark means one

vote.

3. Do not put more than one cross against the name of any one

candidate.
2

*

Serial No.

*

*

*

*

*

*

FORM C.

(See Chapter I, rule 26)

TENDERED VOTES LIST.

Polling Station.

Name of ward

Name of
elector

Number on
election roll

Number of
votes
recorded

Signature or
thumb
impression of
elector

1. Entry 1 was substituted for the original by Mah. 26 of 1967, s. 4(b)(i).
2. Entry 4 was deleted by Mah. 26 of 1967, s. 4(b)(ii).

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

389

FORM D.

(See Chapter I, rule 27).

List of Challenged Votes.

Signature Sheet No.

Number
on
 election
roll.

Name.

Signature of
elector, if literate
or thumb-
impression of
elector, if illiterate.

Name
of
identifier,
if any.

Order of Presiding Officer (in each case).

FORM E.

( See Chapter I, rule 29).

Certificate entitling a presiding officer, polling officer or polling agent
1 [other public servant] to vote at the polling station
where he is appointed for duty.

A B being duly registered as elector No.

on the election roll of

the

Ward and being duly appointed for duty as polling officer

presiding officer

at polling station

is entitled to record his vote at polling station

polling agent

2[other public servant]

Dated

Municipal Commissioner for the City of

1 These words were inserted by Mah. 24 of 1979, s. 2(2)(a).
2 These words were inserted by Mah. 24 of 1979, s. 2(2)(b).

H 610—52a

390

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

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1949 : LIX]

Maharashtra  Municipal  Corporations  Act

391

1 *

*

*

*

*

FORM H.
(See Chapter VIII, rule 42.)
Form of Warrant of Distress or Attachment.

To

(Here insert the name of the officer charged with

the execution of the Warrant).

Whereas A. B., of the

, has not paid, or shown sufficient cause to my
due  for  the
satisfaction  for  the  non-payment  of,  the  sum  of 
 mentioned in the margin for the half-year (or quarter) commencing
tax*
(or terminating) on the
 ; although
the said sum has been duly demanded in writing from the said A. B., and fifteen
days have elapsed since the service of the notice of demand;

day of

20

* Here
describe the
tax.

This is to command you to —————————————— of the said A.B.

distrain the moveable property

attach any property

(or, as the case may be, any moveable property on the premises in respect
of  which  the  said  tax  is  due)  to  the  amount  of  the  said  sum  of
, and such further sum as may be sufficient to defray the cost of
recovering  the  said  amount;  and  forthwith  to  certify  to  me  together

with this warrant all particulars of the —————-—————————————

moveable property distrained.

Property attached

by you thereunder.

Dated this

day of

20 .

(Signed)

Municipal Commissioner for
the City of

1 Form G was deleted by Mah. 10 of 2010, s. 42.

392

Maharashtra  Municipal  Corporations  Act

    [1949 : LIX

FORM I.

(See Chapter VIII, rules 46 and 49.)

To

A.B.

residing at

* Here
describe the
tax.

Take notice that I have this day seized the moveable property specified
due  for  the  tax
in  the  inventory  beneath  this,  for  the  sum  of
mentioned  in  the  margin*  for  the  half-year  (or quarter)  commencing  (or
terminating) on the
19 ; and that unless you pay into the
  the  amount  due,  together  with  the  costs  of
municipal office at
recovery, within five days from the day of the date of this notice, the moveable
property will be sold.

day of

Dated this

day of

19 .

(Signature of the officer executing the warrant.)

Inventory.

(Here state particulars of the moveable property seized.)

1949 : LIX]

Maharashtra  Municipal  Corporations  Act

393

GOVERNMENT CENTRAL PRESS, MUMBAI

Maharashtra Government Publication
can be obtained from—

THE  DIRECTOR
GOVERNMENT PRINTING, STATIONERY AND PUBLICATION
MAHARASHTRA STATE
Netaji Subhash Road,
MUMBAI 400 004.
Phone : 022 - 23632693, 23630695,
23631148, 23634049

THE MANAGER
GOVERNMENT PHOTOZINCO PRESS AND BOOK DEPOT
Photozinco Press Area, Near G.P.O.,
PUNE 411 001.
Phone : 020 - 26125808, 26124759

THE MANAGER
GOVERNMENT PRESS AND BOOK DEPOT
Civil Lines,
NAGPUR 440 001.
Phone : 0712 - 2562615

THE ASSTT. DIRECTOR
GOVERNMENT STATIONERY, STORE AND BOOK DEPOT
Shaha Ganj, Near Gandhi Chowk,
AURANGABAD 431 001.
Phone : 0240 - 2331468, 2331525

THE MANAGER
GOVERNMENT PRESS AND STATIONERY STORE
Tarabai Park,
KOLHAPUR 416 003.
Phone : 0231-2650395, 2650402

AND THE RECOGNISED BOOKSELLERS

